KULDEEP YADAV v. MR. VISAKH G IYER COLLECTOR / DISTT. MAGISTRATE, LUCKNOW AND 2 OTHERS
CAPL/1505/2025 · 2025-05-16
Rajeev Singh
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 140272 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140272 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29001 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1505 of 2025 Applicant :- Kuldeep Yadav Opposite Party :- Mr. Visakh G Iyer Collector / Distt. Magistrate, Lucknow And 2 Others Counsel for Applicant :- Shobhit Mohan Shukla,Aviral Singh,Ramesh Chandra 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 07.08.2024 passed in Public Interest Litigation No. 81 of 2024.
3. Learned counsel for the applicant submits that as proceeding u/s 67 of U.P. Revenue Code, 2006 was not being decided, a petition i.e. Public Interest Litigation No. 81 of 2024 was filed before this Court, which was disposed of on 07.08.2024 with direction to the competent authority to decide the proceeding u/s 67 of U.P. Revenue Code, expeditiously. He further submits that the proceeding was concluded and order for eviction was passed by the competent authority on 30.07.2024.
Learned counsel for the applicant admits the fact that the proceeding u/s 67 of U.P. Revenue Code, 2006 has been decided on 30.07.2024 prior to the date of order passed by this Court on 07.08.2024. He next submits that an appeal was preferred against the order dated 30.07.2024 before the competent authority and the said appeal was dismissed on 29.01.2025, but the encroachment has not been removed till now, hence, the respondents may be summoned and punished accordingly.
4. It is evident from the record that the eviction order has already been passed on 30.07.2024, but the same was not brought into notice of this Court at the time of passing the order dated 07.08.2024. It is also evident from the record that an appeal was also preferred against the eviction order, but the same has already been dismissed. Para 460 of U.P. Revenue Court Manual clearly provides the procedure for execution of the order passed by the
Revenue Court.
5. With above observations, the contempt application is
disposed of with liberty to the applicant to move appropriate application in accordance with law under Para 460 of U.P. Revenue Court Manual.
Order Date :- 16.5.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench