CHAMELI DEVI Vs. CHARANJIT SINGH BAKSHI

JUDGEMENT

(1.) SANJAY Misra, J. An affidavit has been filed by Sri R. C. Srivastava describing himself as Principal Secretary, Department of Revenue, Government of U. P. Lucknow today. Let the same be taken on record. From the affidavit and Annexure 8 appended there to it appears that the State has written yet another letter on 26. 11. 2008 to the Chief Secretary, Government of Haryana, Chandigarh regarding supply of necessary and relevant documents for compliance of the order of the Writ Court regarding the three villages. Such communications appear to have been made from time to time by the State respondents but the order of the Writ Court is not being complied with and the matter is being adjourned for the respondents to take concrete steps for compliance. From the affidavit as well as record of this contempt petition it appears that the efforts of the respondent authorities for compliance of the order of the Writ Court are confined to writing letters which according to them is the maximum effort they can make and since their counter part in the other State is not responding they have without saying so in effect shown their incapability in complying with the directions of the Writ Court. Under such circumstances the court finds it necessary to find out whether the aforesaid feeble efforts are a mere eye wash or sincere efforts which are being taken up by the concerned official of the State of U. P. For the said purpose it is provided as under- 1. For the said purpose the Secretary/principal Secretary, Department of Revenue, Government of U. P. Lucknow shall himself or appoint/nominate an authorized official of his department not lower than the post of Deputy Secretary to visit Chandigarh and canvass the case of the State Government before the Chief Secretary, Government of Haryana or the competent authority regarding action to be taken for compliance of the directions of the Writ Court and submit his report of the result of such meeting with such competent official of the Government of Haryana by the next date of listing.

(2.) FOR the said purpose this court finds it necessary to appoint an Advocate Commissioner who shall accompany the officer as referred to in paragraph No. 1 above and he being a silent spectator shall attend the meeting by authority of this court and give his report regarding the deliberations in the said meeting and as to whether in his opinion sincere efforts are being made by the State of U. P. to comply with the directions of the Writ Court.

(3.) IT is directed that the concerned Secretary of the Revenue Department, Government of U. P. Lucknow shall ensure the directions as given in paragraphs 1 to 4 above are completed within two months from today. A copy of this order may be supplied to Sri D. N. Misra learned Standing counsel free of charge within 48 hours who shall also ensure its communication to the Secretary/principal Secretary, Department of Revenue, Government of U. P. Lucknow forthwith. Sri Ashok Nath Tripathi Advocate is present in court and being quite a senior member of the Bar is found to be fit for being given this commission. Sri Ashok Nath Tripathi has accepted the commission and therefore is appointed as Advocate Commissioner by this court for the aforesaid purpose. The remuneration of Rs. 25000 at the first instance for the visit shall be paid by the State Government either to Sri Ashok Nath Tripathi within 15 days from today or be deposited with the Registrar General of this court for being handed over to Sri Ashok Nath Tripathi the Advocate Commissioner. List this petition again before appropriate Bench on 2nd of March 2009. A copy of this order may also be supplied free to charge to the Advocate Commissioner Sri Ashok Nath Tripathi within 48 hours. .