SHIV OM OJHA v. PAWAN KUMAR SUB DIVISIONAL MAGISTRATE, TEHSIL-RAMANAGAR, BARABANKI
CAPL/2892/2024 · 2025-01-16
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149971 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149971 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2652 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2892 of 2024 Applicant :- Shiv Om Ojha Opposite Party :- Pawan Kumar Sub Divisional Magistrate, Tehsil-Ramanagar, Barabanki Counsel for Applicant :- Mukesh Kumar Tewari,Anjani Kumar Shukla Hon'ble Manish Kumar,J.
1. The present contempt application has been preferred for non-compliance of the judgment and order dated 10.10.2023, passed in P.I.L No. 909 of 2023. The relevant extract of the said judgment is quoted hereinbelow:-
"2. Learned counsel for the respondent Nos.5 and 6, on the basis of instructions, has informed that the proceedings under Section 133 Cr.P.C. have already been taken up by the Sub Divisional Magistrate insofar as the unauthorized encroachment over the public utility land is concerned. 3. That being so, we direct the Sub Divisional Magistrate concerned to conclude the pending proceedings expeditiously, in accordance with law. 4. The present P.I.L. is, accordingly, disposed of in terms of the direction issued. 5. However, it shall be open for the petitioner to avail the appropriate remedy under Section 67 of the U.P. Revenue Code, 2006 in case there is inaction on the part of the Sub Divisional Magistrate to conclude the proceedings in accordance with law."
2. Learned State Counsel, on the basis of instructions dated 17.09.2024, received from the Sub-Divisional Magistrate, Ramnagar, Barabanki, has submitted that the proceedings under Section 133 Cr.P.C has been decided on 08.08.2024, against which the opposite party has preferred a Criminal Revision No. 130 of 2024 in which the order dated 08.08.2024, passed under Section 133 Cr.P.C has been stayed, the copies of the orders dated 08.08.2024 and 13.08.2024 have been placed before this Court, which are taken on record. 3. It is further submitted that it is an admitted case of the applicant that he had not filed any proceedings under Section 67 of the U.P Revenue Code, 2006. It is further submitted that the judgment and order dated 10.10.2023, passed by the writ court has been complied with. 4. Learned counsel for the applicant has very fairly submitted that the judgment and order dated 10.10.2023, passed by the writ court has been complied with and now nothing remains to be adjudicated in the present contempt
application and the same may be dismisssed as infructuous. 5. As such, the present contempt application is dismissed as infructuous. 6. Notice, if any, stands discharged.
Order Date :- 16.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench