VINAY KUMAR v. AJAY KUMAR DUVEDI, COLLECTOR / D.M., SHRAVASTI AND ANOTHER
CAPL/889/2025 · 2025-04-07
Ashwani Kumar Mishra
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 130805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19332 Court No. - 16 Case :- CONTEMPT APPLICATION (CIVIL) No. - 889 of 2025 Applicant :- Vinay Kumar Opposite Party :- Ajay Kumar Duvedi, Collector / D.M., Shravasti And Another Counsel for Applicant :- Krishna Kumar Verma,Prinsi Singh Hon'ble Ashwani Kumar Mishra,J. This contempt petition has been filed alleging disobedience of the order dated 07.06.2022 passed in Public Interest Litigation (PIL) No. 345 of 2022. The observations made by the Court is as under:-
"Keeping in view the aforesaid fact and without going into the merits of the allegations made by the petitioner, I direct the opposite party no. 3, UP Zila Adhikari, Ekuona, District- Shravasti to take appropriate action on the application dated 26.10.2021 submitted by the petitioner for removal of encroachment made on gaon sabha land bearing Gata No. 780 and in case it is found that any person has encroached upon the gaon sabha land, the Sub Divisional Officer, Ekuona, District- Shravasti should take appropriate steps for removal of encroachment under the provisions contained in Section 67 of Uttar Pradesh Revenue Code expeditiously, say, within a period of three months from the date of receipt of certified copy of this order. However, if some action or decision has already been taken on the petitioner's application dated 26.10.2021, then the same shall be communicated to the petitioner within a period of two weeks' from the date of production of certified copy of this order. With the aforesaid observations/ directions, the writ petition is
disposed of. " It appears that pursuant to aforesaid order the concerned authority proceeded under Section 67 of the U.P. Revenue Code, 2006 and passed orders dated 29.11.2022 as affirmed in appeal by the District Magistrate on 19.01.2023. The restoration filed by the opposite party against order dated 19.01.2023 has also been rejected vide order dated 03.04.2023. Being aggrieved the opposite party filed a writ petition before this Court being Writ C No. 6430 of 2023 in which the above orders passed by the authorities have been set aside and the matter has been remanded back vide order dated 03.08.2023. The competent authority in pursuance of the order passed in the aforesaid writ petition passed a fresh order dated 16.12.2024 under Section 67 of the Code directing the opposite party to remove his encroachment from the plot in question. In view of the aforesaid it cannot be said that the order passed
by the writ court has not been complied with. No case of contempt is made out against the opposite parties. In the event any subsequent cause of action arises the applicant/petitioner may institute fresh proceedings. The present contempt petition fails and is, accordingly, dismissed.
Order Date :- 7.4.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench