CLCON No. 73/2009 Hon’ble B.C. Kandpal, J. This contempt petition, under Section 12 of Contempt of Courts Act, has been filed by the petitioner for summoning the respondent and punishing him for willful and deliberate disobedience of the order passed by this Court dated 05.09.2005, in writ petition no. 758 (M/S) of 2002, State of U.P. & another Vs. Smt. Janki Devi & another. Heard Sri M.S. Pal, Senior Advocate assisted by Sri D.N. Sharma, learned counsel for the petitioner and perused the record. In the impugned judgment this Court has given specific direction to Forest Settlement Officer/Prescribed Authority, Pithoragarh to decide whether the land in dispute belongs to Forest Department or Van Panchayat and if the land in question belongs to Forest Department then proceedings under U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 are valid, otherwise said Act will not apply and judgment of District Judge will be upheld. It is not deciphered as to whether the Forest Settlement Officer has taken any decision in the matter or not. The record reveals that one Range Officer, Didihat issued notice to the petitioner to vacate the disputed land within fifteen days. The proper remedy available with the petitioner was to get the said notice stayed by competent court of jurisdiction. In the facts and circumstances of the case, no contempt of court is made out against the respondent in this matter. Accordingly, contempt petition is dismissed in limine. (B.C.K., J.) 24.04.2009 SP