GYANENDRA KUMAR SINGH v. SHASHI BIND DIWEDI, S.D.M., SITAPUR
CAPL/440/2025 · 2025-04-08
Rajeev Singh
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 123948 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123948 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19839 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 440 of 2025 Applicant :- Gyanendra Kumar Singh Opposite Party :- Shashi Bind Diwedi, S.D.M., Sitapur Counsel for Applicant :- Dharmendra Pratap Singh,Anil Kumar Tiwari Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned Standing Counsel.
2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the
judgment and order dated 28.03.2024 passed in PIL No. 236 of 2024.
3. Learned counsel for the applicant submits that since the public passage was encroached by some villagers, proceedings under Section 133 Cr.P.C. were initiated. It is further submitted that when the said proceedings were not being decided, Public Interest Litigation No. 236 of 2024 was filed and on the statement of learned State Counsel that the said proceedings would be decided expeditiously, the petition was disposed of vide order dated 28.03.2024.
4. Shri Sunil Bajpayee, learned Additional Chief Standing Counsel appearing for the respondent, while placing written instructions, submits that the proceedings under Section 133 Cr.P.C. were decided by the Sub Divisional Magistrate vide order dated 17.02.2025. The said order was also communicated to the Tehsildar, Maholi as well as Inspector, P.S. Pisawan, District Sitapur for making compliance of the directions. It is also informed that aforesaid order dated 17.02.2025 passed under Section 133 Cr.P.C. is challenged in Criminal Revision No. 39 of 2025 (Nand Ram Vs. State of U.P. & Ors.) before District & Sessions Judge, Sitapur. The said case was lastly listed on 07.03.2025 and tomorrow is the date fixed in the said case. It is, thus, submitted that there is no violation of any of the
directions of the writ Court. The aforesaid written instructions are taken on record.
5. Considering the submissions advanced by the learned counsel for the applicant, learned counsel for the learned Additional Chief Standing Counsel and going through the
order of writ Court as well as written instructions placed by the learned Additional Chief Standing Counsel, it is evident that the proceedings under Section 133 Cr.P.C. have already been decided on 17.02.2025 in pursuance of the
order of writ Court. Thereafter, Criminal Revision No. 39 of 2025 was preferred by one of the parties, which is pending before the District & Sessions Judge and as per the instructions, it is to be listed on 09.04.2025.
6. In such circumstances, this Court is of the view that no contempt is made out.
7. The contempt application stands dismissed.
8. However, it is expected from the District & Sessions Judge, Sitapur to decide the aforesaid revision expeditiously after giving adequate opportunity of hearing to both the parties.
Order Date :- 8.4.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench