Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6774 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 285 of 2025 Applicant :- Jitendra Kumar Tiwari Opposite Party :- Shri Shiv Sahay Awasthi Collector / Distt. Magistrate, Pratapgarh Counsel for Applicant :- Himanshu Tiwari Hon'ble Manish Kumar,J.
1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated
05.08.2024. The relevant extract of the same is quoted hereinbelow:-
"3. Be that as it may, the petitioner has not come to Court with clean hands and he has pretended as if this is a public interest litigation without disclosing that he himself has his own land by the side of the same Chak marg near Gata no.543. Therefore, we are not inclined to proceed any further in the matter at his behest leaving it open for him to pursue remedies prescribed in law including a writ petition as a person aggrieved, if otherwise maintainable. However, in the same vein, we make it clear that the recommendation made to the Collector by the Sub-Divisional Magistrate concerned for correction of map shall remain unaffected and the Collector shall take cognizance of it and do the needful as per law as the alleged encroachment may be affecting other persons also including the petitioner. The Collector is directed to take a decision in the matter at the earliest say within two months.
4. With these observations/ direction, the petition is disposed of.
5. Sri Prakhar Mishra, learned Standing counsel shall communicate this
order to the Collector, Pratapgarh for compliance.
6. The petitioner is warned to be careful in future and not try to play tricks with the Court otherwise serious consequences may ensue."
2. Ms. Vedika Dwivedi, learned counsel for the applicant, has submitted that despite the service of certified copy of the judgment and order dated 05.08.2024 upon the respondent by making a representation dated 16.08.2024 by speed post as alleged to be made on 16.08.2024, the Court has asked the learned counsel for the applicant that what was the date of service of the certified copy of the
judgment upon respondent, she has replied that on 16.08.2024 it was served upon the respondent, whereas, the said representation was not made on 16.08.024 for the reason, it has specifically been mentioned in the representation alleged to be made on 16.08.2024 that the photocopy of the certified copy of the order of the writ court was sent by Registry on 16.08.2024, which was received in his ofÏce (respondent) on 17.08.2024, how this could be possible to disclose a subsequent date in the representation made earlier. It is also pointed out in that representation that it is a reminder, so the reminder was filed by putting a date 16.08.2024 to show that the
representation which was alleged to be made on
16.08.2024.
3. The writ court earlier also warned the applicant to be careful in future and not to try to play tricks with the Court otherwise serious consequences may ensue, but the applicant is adamant to play tricks with the Court.
4. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present contempt application as dismissed as not pressed.
5. As prayed, the present contempt application is dismissed as not pressed.
Order Date :- 31.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench