RANJEET v. RENU PRESENTLY POSTED AS SUB- DIVISIONAL MAGISTRATE TEHSIL TANDA DISTT. AMBEDKAR NAGAR
CAPL/1752/2025 · 2025-08-27
Manish Kumar
body2025
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[ 2025 DAILYLAW 142280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142280 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1752 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. Vakalatnama filed by Shri Prabhakar Tiwari, Advocate on behalf of respondent no.2 is taken on record. Compliance affidavit has been filed by the respondent no.2, which is taken on record. Learned counsel for the respondent no.2 has submitted that in compliance of the judgment and order passed by the writ court, the illegal construction/encroachment has been removed after passing of the order in the proceedings under Section 67(1) of the U.P. Revenue Code, 2006 and in support thereof, photographs have also been enclosed along with the affidavit. On the other hand, learned counsel for the applicant is disputing the same and has submitted that only part of the encroachment has been removed, not the whole encroachment. In the judgment and order dated 02.04.2025 passed by the writ court, there is no mention of any house, boundary wall or demarcation, so it cannot be ascertained in contempt proceedings which part was alleged to be encroached upon. This disputed question of fact cannot be adjudicated in contempt proceedings. Versus Counsel for Applicant(s) : Meva Lal Yadav, Harshita Gupta, Saddam Khan Counsel for Opposite Party(s) : Prabhakar Tiwari Ranjeet .....Applicant(s) Renu Presently Posted As Sub- Divisional Magistrate Tehsil Tanda Distt. Ambedkar Nagar .....Opposite Party(s)
In view of the above, the judgment and order passed by the writ court has been complied with. If the applicant is still aggrieved, he may avail the remedy as may be permissible under the law. The contempt present application is hereby dismissed. Notice, if any, stands discharged. August 27, 2025 Mahesh CAPL No. 1752 of 2025 2 (Manish Kumar,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench