Neutral Citation No. - 2025:AHC-LKO:21646 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1115 of 2025 Applicant :- Trilochan Pratap Singh Opposite Party :- Sri Gyan Prakash Yadav Gram Pradhan Gram Sabha Ametha Block Dubeypur, Sultanpur Counsel for Applicant :- Sushil Kumar Singh,Devansh Singh Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 16.12.2024 passed in Writ-C No. 10152 of 2024. 3. Learned counsel for the applicant submits that as the encroachment was made by one Mahipat Singh who is the recorded tenure holder of Gata No. 235 of the village in question. He further submits that the applicant preferred a writ petition i.e. Writ-C No. 10152 of 2024, which was disposed of on 16.12.2024 with the observation that if the property in question has already been demarcated, then the Gram Pradhan shall see as to whether the chak marg which is sought to be repaired or height of which is to be enhanced, is on the bhumidhari land of the petitioner, and if it is so, then of course, he will have to take recourse to the procedure prescribed in law. It is further observed in the aforesaid order that however, if it is found that it is not so that is the chak marg is as per the revenue map on the gata assigned and there is no encroachment of the bumidhari land, then he consider increasing the height of the chak marg as far as it may be permissible and desirable, and it was also open for the applicant seeking impleadment to pursue other remedies if still aggrieved. Learned counsel for the applicant vehemently submits that the respondent has not increased the height of chak marg till today. 4. The order dated 16.12.2024 passed in Writ-C No. 10152 of 2024 is as under:- "1. Heard learned counsel for the petitioner, learned Standing Counsel for State-opposite parties no.1 to 5 and Sri Mohan Singh, learned counsel appearing for opposite party no.6. 2. The petitioner's grievance is that height of the chak marg is not being raised on account of which, in rainy season it gets water logging. 3. However, Sri J.B. Singh, Advocate has filed power and an application for impleadment of Sri Mahipat Singh alleging that chak marg in fact exists on the bhumihdari land of the petitioner as has been found in an exercise conducted by the Gram Sabha. Impleadment application filed today is taken on record. 4. Be that as it may, instead of keeping this petition pending, it would be better if the applicant seeking impledment gets his bhumidhari land, if any, demarcated unless of course it has already been demarcated. If it has already been demarcated, then the Gram Pradhan shall see as to whether the chak marg which is sought to be repaired or height of which is to be enhanced, is on the bhumidhari land of the petitioner. If it is so, then of course, he will have to take recourse to the procedure prescribed in law. However, if it is found that it is not so that is the chak marg is as per the revenue map on the gata assigned and there is no encroachment of the bhumidhari land, then he shall consider increasing the height of the chak marg as far as it may be permissible and desirable. It is open for the applicant seeking impleadment to pursue other remedies if still aggrieved. 5. Both writ petition as also the impleadment application are disposed of in the aforesaid terms." 6. It is evident from the record that the proceeding of the case filed by Mahipat Singh u/s 24 of U.P. Revenue Code, 2006 is pending. In such circumstances, this Court is of the view that no contempt is made out. Therefore, the present contempt application is dismissed. 7. However, it is open to the applicant to move appropriate application in the pending case filed by Mahipat Singh. Order Date :- 17.4.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench