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2025 DAILYLAW 150434 (ALL)

BHANUMATI v. SRI AVNISH TRIPATHI, S.D.M., PRATAPGARH

CAPL/2274/2023 · 2025-03-27

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18368 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2274 of 2023 Applicant :- Bhanumati Opposite Party :- Sri Avnish Tripathi, S.D.M., Pratapgarh Counsel for Applicant :- Rakesh Kumar Singh,Shailendra Pratap Singh Hon'ble Rajeev Singh,J. 1. Heard. 2. Learned counsel for the applicant submits that suit under Section 134 of U.P. Revenue Code, 2006 was filed by the applicant, which was decided on 20.7.2019 but the same was not being executed by the respondent, then petition was filed before writ court with a prayer for issuing writ of mandamus commanding the S.D.M., Pratapgarh to implement his order dated 20.7.2019 but till today, order dated 20.7.2019 has not been executed in the correct prospective. He also submits that construction raised by the encroachers covered with the tin-shed as well as walls have not been removed. 3. Sri Mohit Jauhari, learned Standing Counsel submits that at the time of deciding the suit under Section 134 of U.P. Revenue Code, 2006 there was a direction that except the dwelling house, rest of the illegal encroachment be removed and same has been executed. 4. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as photographs filed by the applicant, it is evident that there is a dwelling house and there was a restrain order that dwelling house will not be disturbed. In such circumstances, no contempt is made out, accordingly, the present contempt application is dismissed. Order Date :- 27.3.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench