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2023 DAILYLAW 3036 (ALL)

JITENDRA YADAV v. KM. BHAVANA VIMAL, S.D.M. SADAR

CAPL/8847/2023 · 2026-05-13

Rohit Ranjan Agarwal

Public Interest Litigationbody2023

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 8847 of 2023 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. The writ Court on 04.08.2021 while disposing of Public Interest Litigation (PIL) No. 1190 of 2021 passed the following order:- "Heard counsel for the petitioner, the Standing Counsel for respondent nos. 1 to 3 and Shri Krishna Kant Singh, Advocate for respondent no.4 i.e., Gaon Sabha. The petitioner has approached this Court praying for a writ of mandamus directing the respondent no.2 to remove the illegal encroachments over Plot Nos.408, 409, 453/7, 453/13, 453/14, 453/18, 543/4, 543/5, 543/6, 543/10 and 543/11 which the petitioner alleges to have vested in the Gaon Sabha. It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period Versus Counsel for Applicant(s) : Vinit Kumar Srivastava Counsel for Opposite Party(s) : Jitendra Yadav .....Applicant(s) Km. Bhavana Vimal, S.D.M. Sadar .....Opposite Party(s) of six months from the date when the aforesaid representation is filed by the petitioner. In case, the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month, thereafter, unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector. It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition. With the aforesaid directions, the writ petition is disposed of." 2. In the compliance affidavit filed, it has been stated that the order under Section 67 has been passed on 02.06.2022 and 03.06.2022 and further, the coloured photographs have been appended with the compliance affidavit showing the removal of the encroachment. 3. In view of said fact, as the order of writ Court has been complied with, the present contempt application is rendered infructuous and stands dismissed. 4. Contempt notice stands discharged. May 14, 2026 A. V. Singh CAPL No. 8847 of 2023 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad