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2025 DAILYLAW 147918 (ALL)

KOYALU SINGH AND OTHERS v. SANJAY KUMAR, SUB DIVISIONAL MAGISTRATE DIST. BAHRAICH

CAPL/2697/2024 · 2025-03-27

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17690 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2697 of 2024 Applicant :- Koyalu Singh And Others Opposite Party :- Sanjay Kumar, Sub Divisional Magistrate Dist. Bahraich Counsel for Applicant :- Shiv Pravesh Dhar Dubey Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants. 2. Learned counsel for the applicants submits that the order dated 20.12.2023 passed by the Writ Court in Writ-A No.11203/2023; Koyalu Singh and Ors. Vs. D.M. Bahraich and Ors. has been willfully defied by the opposite party. He further submits that land of applicants was being encroached by encroachers and the complaint was made but the same was not being adjudicated by the authorities, then the applicants preferred Writ C No.11203 of 2023, which was disposed of by the Writ Court on 20.12.2023 with the following order: "Heard learned counsel for the parties and perused the record. Petitioners have approached this Court with the prayer to command and direct the Opposite Party No.3 i.e. Tehsildar, Tahsil Mihipurwa, District - Bahraich to decide the Complaint No.92318000016389, which is pending before him. Learned counsel for petitioner submits that grievance of petitioner would be substantially met in case application under Section 24 of the U.P. Revenue Code, 2006 of petitioner for the said purposes is considered and decided in a time bound manner. In view thereof, petitioner is permitted to make a fresh detailed representation/ application under Section 24 of the U.P. Revenue Code, 2006 before the Respondent No.2 - Sub-Divisional Magistrate, Tahsil- Mihipurwa, District - Bahraich raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of their claim within a period of ten days from today along with a certified copy of this order. In case such a representation/ application is moved by petitioners, the Respondent No.2 shall consider and decide the same in accordance with law by a reasoned and speaking order after due survey of the land of the petitioners within a period of three months from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of. " 3. Learned counsel for the applicant submits that in pursuance of aforesaid direction, representation was given for demarcation of land of the applicants under Section 24 of UP Revenue Code, 2006 on 03.01.2024 but the same has not been decided till date. 4. Shri Mohit Johri, learned counsel for the opposite party submits that reply has already been filed by the opposite party. He further submits that as per the provisions of Section 24 of UP Revenue Code, 2006 read with Rule 22 of UP Revenue Code, 2006, no proper application has been filed by the applicant. Thus, the opposite party has not violated any direction of this Writ Court. 5. Considering the submissions of learned counsel for the parties, going through the contents of application as well as order of Writ Court, it is evident that application in accordance with the Section 24 of UP Revenue Code, 2006 read with Rule 22 of UP Revenue Code, 2006 has not been filed by the applicant. Therefore, opposite party has not made violation of order of Writ Court. 6. The applicants may file proper application in accordance with the aforesaid provision within a period of one month from today. In case, any application is filed, same shall be considered and decided in terms of direction of Writ Court dated 20.12.2023 passed in Writ C No.11203 of 2023. 7. In view of the above, the present application is hereby disposed of. Order Date :- 27.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench