Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2520 of 2010 Petitioner :- Gopal Singh And Another Respondent :- Sri Mritunjay Kumar Narayan, D.M. Agra And Another Petitioner Counsel :- R.K. Vaish Hon'ble Vikram Nath,J.
Sri K.R. Singh, learned Standing Counsel has filed affidavits of compliance
on behalf of the O.P. Nos.1 and 2. Along with the affidavits is annexed an
extract of Khatauni in which in the remarks column, pursuant to the directions
of the Writ Court, it has been provided that the names of the applicants be
recorded in the revenue records as the entire proceedings under the Urban
Land (Ceiling and Regulation) Act, 1976 stood abated pursuant to the Repeal
Act of 1999. Accordingly Sri K.R. Singh has submitted that the directions of
the Writ Court having been complied with no further consideration is required
in this contempt application.
The learned counsel for the applicants raised serious objection to the
incorporation of the names of the applicants in the revenue records.
According to him the opposite parties have deliberately and mischievously at
the end of the Amal Daramad have incorporated that in case the State of U.P.
decides to file a SLP against the judgment of the Division Bench of this
Court, in that event the incorporation in the revenue records would be subject
to the final out come of that SLP. According to the learned counsel for the
applicants, by incorporating this fact which is totally irrelevant, the clear title
of the applicants has been put to jeopardy and unnecessarily a rider has been
put. He has further submitted that admittedly as on that date as per the
incorporation in the Khatauni neither any SLP has been filed nor there is any
decision of the State Government to file SLP. In these circumstances it has
been submitted by him that the opposite parties should be summoned for not
complying with the directions of the Writ Court in letter and spirit.
Sri K.R. Singh has tried to justify the said incorporation as according to him
the rights of the parties are not affected in case the said incorporation remains
on record.
Court is not convinced with the submission of Sri K.R. Singh. However, the
submission advanced by the learned counsel for the applicants appears to have
some substance. As the said incorporation is only based upon a non-existing
fact where neither any SLP is pending nor there is any permission of the State
Government to file the same, as such by the incorporation of the said remarks,
the Court is prima facie of the view that it is only to harass the applicants,
may be on account of filing the contempt application.
Put up this case in the additional cause list on 5.8.2010. If by the said date the
said incorporation is not corrected and the names of the applicants are not
clearly recorded in the revenue records both the opposite parties shall remain
present before this Court.
Order Date :- 30.7.2010
pk