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2025 DAILYLAW 150148 (ALL)

TRILOCHAN SINGH v. SRI AMRENDRA KUMAR SENGAR, COMMISSIONER OF POLICE, LKO.

CAPL/2893/2024 · 2025-04-28

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24546 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2893 of 2024 Applicant :- Trilochan Singh Opposite Party :- Sri Amrendra Kumar Sengar, Commissioner Of Police, Lko. Counsel for Applicant :- Prashant Jaiswal,Deepika Srivastava,Mamta Singh Hon'ble Rajeev Singh,J. 1. On 29.07.2024, following order was passed: "1. Heard learned counsel for the applicant. 2. Learned counsel for the applicant submits that the order of this Court dated 2.8.2023 passed in P.I.L. No.324 of 2022 (Trilochan Singh Vs. State of U.P. & Ors.) has been willfully defied by the respondent. 3. On 2.8.2023, following order was passed by the Court in P.I.L. No.324 of 2022 :- "1. Sri S.B. Shiredkar, Commissioner of Police, Lucknow is present in person in compliance of the order passed by this Court. 2. It is informed by the officer present that due care shall be taken by the police authorities in association with the traffic police so as to avoid any traffic congestion existing, if any, at the place in question. No grievance for the local residents in the surrounding area shall be allowed to arise on account of heavy traffic. 3. It is further informed that the police station is proposed to be constructed elsewhere in the nearby area but on account of some difficulties, the construction has yet not started. 4. We expect the Police Commissioner, Lucknow to ensure that the traffic police is deputed for the signal maintenance/smooth traffic movement at the chauraha where obstruction is stated to be caused on account of the construction of police station. 5. The further undertaking as regards shifting of the police station shall also be honoured without any inordinate delay and without allowing any further public grievances to arise. 6. The undertaking that the Police Station shall be constructed within a period of one year henceforth shall also be adhered to in the interest of justice. 7. With the observations as above, the PIL is disposed of." 4. It is evident from the record that till today, Police Station - Bijnor, Lucknow has not been shifted and it is also evident that there is traffic congestion on crossing as signals are not properly working. 5. List this case on 12.8.2024 as fresh. 6. In the meantime, Mr. Sunil Bajpai, learned Additional Chief Standing Counsel may seek instructions in writing from respondent that why order of the writ court has not been complied with. 7. Learned counsel for the applicant is also directed to provide copy of the contempt application to learned Additional Chief Standing Counsel. " 2. Shri Shailendra Singh, learned Chief Standing Counsel assisted by Shri Sunil Bajpai, learned Additional Chief Standing Counsel filed comprehensive counter affidavit duly sworn in by opposite party- Shri Amrendra Kumar Sengar, Commissioner of Police, Lucknow. The same is taken on record. He drew attention of this Court on paragraph no.10 of the aforesaid affidavit and submitted that decision was taken for constructing the police station over Gata Nos. 1261 and 1434, Bijnor, Lucknow but thereafter, it was found that 11,000 Volt High Tension Line was passing over the said land, therefore, the land was not suitable for construction. Thereafter, it was informed to the Higher Authorities and search for new land was started. Now, it has been decided by the Authorities that the police station would be constructed over the Gata No.1261, Bijnor, Sarojini Nagar, Lucknow. He further submitted that the State Government also wrote to District Magistrate vide its letter dated 25.04.2025 and the NOC has already been issued by the Nagar Nigam as well as State Government for the acquisition of aforesaid land in favour of the concerned Police Station. The Commissioner of Police concerned also stated in the affidavit that there is no traffic hindrance and the proper force is also deployed for smooth operation of the traffic system. He also submitted that very soon, all the formalities would be completed for construction of the concerned police station over new gata. 3. Considering the submission of learned counsel for the opposite party, going through the contents of order of Writ Court, counter affidavit as well as contempt application, I am of the view that order of Writ Court has already been complied and no further contempt is made out against the opposite party. 4. In view of the above, the present application is hereby disposed of. Order Date :- 28.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench