AJAY PRATAP v. MS. MANJUL MAYANK SUB DIVISIONAL MAGISTRATE /SUB DIVISIONAL OFFICER TEHSIL LAMBHUA SULTANPUR
CAPL/888/2025 · 2025-04-07
Ashwani Kumar Mishra
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 130824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130824 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19298 Court No. - 16 Case :- CONTEMPT APPLICATION (CIVIL) No. - 888 of 2025 Applicant :- Ajay Pratap Opposite Party :- Ms. Manjul Mayank Sub Divisional Magistrate /Sub Divisional Officer Tehsil Lambhua Sultanpur Counsel for Applicant :- Anshuman Singh Rathore,Rajeev Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. This contempt petition has been filed with the allegation that order passed by this Court in Writ-C No. 2918 of 2024, dated 1.4.2024 has not been complied with. Grievance of the applicant is that proper demarcation is not being made and certain encroachment is being made on the land belonging to Gaon Sabha. According to the applicant, a representation filed in the matter has not been dealt with. Proceeding for contempt can be initiated against the opposite party only if the act attributed to him is shown to be wilful or deliberate. The issue relating to demarcation of agricultural holding is required to be dealt with under the provisions of Section 24 of the U.P. Revenue Code, 2006. There is nothing on record to show that any such proceedings have been initiated. So far as the encroachment by private individuals are concerned that also would require determination under Section 67 of the U.P. Revenue Code, 2006 read with Rule 67 of the U.P. Revenue Code Rules, 2016. In the absence of initiation of appropriate proceedings, which are quasi-judicial in nature, this Court is not inclined to accept the contention of applicant that there is any deliberate or intentional act on part of opposite party in dealing with the grievance of the applicant. In the facts of the case, it will be open for the applicant to move an appropriate application under the applicable provisions of the U.P. Revenue Code, 2006, as noticed above, and invite the attention of the authority concerned with regard to the order passed by this Court and it goes without saying that on such steps being taken, the authority concerned shall do the needful in light of the orders passed. This contempt petition, accordingly, is consigned to records, at this stage. Order Date :- 7.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench