Rama Nath Pandey @ Lal Babu v. Yogeshwar Ram Mishra, District Magistrate, Barabanki
2015-04-24
SHABIHUL HASNAIN
body2015
DigiLaw.ai
JUDGMENT Shabihul Hasnain, J. There is an order passed by a Division Bench of this Court on 12.8.2014 in a public interest litigation matter. 2. It is mentioned in the order itself that writ petition No.6472 (M/B) of 2012 has already been treated as public interest litigation on the subject. Similar orders have been passed in a number of petitions. On scrutiny it appears that the order is general in nature and it is a collection of acts, statutes, rules and regulations which come into play whenever there is encroachment. Specific provisions have been elaborated, procedure has been prescribed for removal of such encroachments under Section 122-B(1) of U.P.Z.A. & L.R. Act. The said procedures have not been given a go bye in this order. There is no doubt that the civil authorities are bestowed with the duty to see that no encroachment is allowed to stand. At the same time, no specific direction for any particular officer has been given in this judgment. 3. Petitioner says that application in the case of the petitioner is already pending before the A.D.M. Stay has already been granted in their favour. In such a situation, civil authorities have to abide by the directions given in quasi-judicial proceedings. No order can be passed by any authority on the application of the petitioner without adjudication. 4. The Court feels that no contempt is made out against any of the officers. Petitioner will have to contest the case in on-going litigation before the A.D.M. in which he is already a party. In fact, the petition which has been filed before a Division Bench itself was misconceived and order was obtained through concealment of fact. The petitioner will be well advised to go and contest the litigation instead of pursuing the contempt proceedings which will be a parallel proceeding. The contempt petition is dismissed.