ABDUL MOBIN v. SMT. NEHA SHARMA DISTRICT MAGISTRATE GONDA AND 2 OTHERS
CAPL/358/2025 · 2025-02-07
Rajnish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 121339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121339 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7957 Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 358 of 2025 Applicant :- Abdul Mobin Opposite Party :- Smt. Neha Sharma District Magistrate Gonda And 2 Others Counsel for Applicant :- Mukul Pandey Hon'ble Rajnish Kumar,J. Ms.Neeta Singh Chandel, Advocate holding brief of Shri Mukul Pandey, learned counsel for the applicant submits that in pursuance of the order dated 18.05.2023 passed in Public Interest Litigation (PIL) No.429 of 2023; Abdul Mobin Versus State of U.P. and others, the applicant had moved the representation on 23.05.2023 before the District Magistrate, District-Gonda, U.P. for removal of encroachment from Chak Marg No.1552, area 0.0930 hectare on which Ram Pher son of Jagannath has made illegal encroachment. In pursuance thereof a report was submitted by the concerned Lekhpal on 05.05.2023, but till date the encroachment has not been removed. Perusal of the report dated 05.05.2023, contained in annexure no.3 indicates that the report has been submitted to the Assistant Collector/Tehsildar, Tehsil-Tarabganj, District-Gonda for initiating the proceedings under Section 67(1) of the U.P. Revenue Code 2006 for recovery of the damages and eviction, but learned counsel for the applicant failed to disclose as to what has happened to the proceedings under Section 67(1) of the U.P.Revenue Code 2006. Therefore this application at this stage alleging non compliance of the order passed in Public Interest Litigation is not maintainable. At this stage learned counsel for the applicant submits that the application may be dismissed as not pressed with liberty to file a fresh in case occasion arises with proper pleadings and facts. The Contempt Application is, accordingly, dismissed as not pressed with the liberty as aforesaid.. . .......................................(Rajnish Kumar,J.) Order Date :- 7.2.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench