ROOP NARAIN SHUKLA v. HANUMANT SHARAN PATHAK AND 2 OTHERS
/2471/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155928 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45352 Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2471 of 2025 Applicant :- Roop Narain Shukla Opposite Party :- Hanumant Sharan Pathak And 2 Others Counsel for Applicant :- Vidya Prasad Nagaur Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant. The instant application has been preferred alleging the violation of the order dated 04.03.2024 passed in Writ C no.2069 of 2024 wherein the parties were directed to maintain status quo with respect to the property in question. It is the contention of the learned counsel for the applicant that once an interim order was granted by the writ court, the respondents were attempting to grab the property and construct a road which was sought to be stopped. The petitioner by means of his application dated 05.07.2025 had informed the S.D.M concerned who on the said application made an endorsement of the very same date i.e. 05.07.2025 that let an inquiry be done and in case of any unauthorised construction, the same be removed. It is in the aforesaid backdrop that the petitioners state that the order passed by the writ court dated 04.03.2024 has been violated. Having considered the aforesaid submissions and from a perusal of the material on record, it appears that there is some civil dispute between the applicant and the private respondents and in furtherance thereof an application under Section 24(1) of the U.P. Revenue Code, 2006 was moved. Since there was certain discrepancies, accordingly, the petitioner had filed Writ Petition (C) no.2069 of 2024 wherein an interim order dated 04.03.2024 was passed by a coordinate Bench of this Court which reads as under:-
"1. Learned counsel for the petitioner on being prayed is permitted to implead the District Magistrate, Bahraich, during the course of the day. 2. In terms of earlier order of this Court dated 01.03.2024, respondent no.1/ the Sub Divisional Magistrate, Nanpara, District Bahraich is present before this Court today. 3. As per his statement before this Court, it is evident that in terms of
Section 24 (1) of U.P Land Revenue Code, 2006, the process of demarcation was not initiated with regard to the plot of the petitioner, i.e., plot no.1390/ area 0.630 hectare situated at Village Nanpara, Tehsil Nanpara, District Bahraich. 4.
It further appears, prima facie, from the photographs annexed with the present writ petition as Annexure No.6-A that boundary wall has been constructed over some part of the land of the petitioner. 5. Accordingly, this matter requires consideration. 6. Issue notices to respondents no. 4 to 10, returnable at an early date. 7. Steps be taken within three days both ways for service upon private opposite parties. 8. List this case on 29.03.2024 as fresh. 9. By the next date of listing the S.D.M. who is present in Court today, shall file his personal affidavit in response to the present writ petition. 10. Learned Standing Counsel is directed to apprise the facts of the case to the District Magistrate, Bahraich, who shall also file his personal affidavit by the next date of listing, i.e. 29.03.2024. 11. As an interim measure, it is provided that the parties shall maintain status quo with regard to the property in issue." It is the aforesaid order which is said to have been violated. However, from a perusal of the application which has been brought on record as Annexure-11, if seen, would indicate that neither the petitioner mentioned the writ petition number nor the date of any order of which violation has been sought nor there is any averment as to where the alleged usurpation of property was alleged. It is case of the petitioner that in furtherance thereof certain inquiry was done, however, there is nothing to substantiate the same. Be that as it may, since the writ petition is already pending and there appears to be disputed questions which is viz-a-viz the petitioner and the private respondents, accordingly, this Court is not inclined to entertain the contempt application, however, liberty shall be available to the petitioner to move an application before the writ court itself which may consider the matter before it including the issue of alleged violation of the
order passed in the writ petition. The application is dismissed with the aforesaid liberty.
Order Date :- 5.8.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench