GANGA SARAN GUPTA v. B.P. PATHAK, THE THEN PROJECT DIRECTOR IMPLEMENTATION UNIT BARELILY SITTING LKO. AND ANOTHER
CAPL/2677/2025 · 2025-08-26
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159877 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159877 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2677 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. The instant petition has been preferred under Sections 12 of the Contempt of Court Act, alleging wilful disobedience of an interim order passed by the Writ court in Writ-C No. 7083 of 2024 dated 23.08.2024.
Learned counsel for the petitioner submits that in the order passed by the writ Court, in paragraph 5, issued directions which have been violated by the respondents and as such the contempt has been committed. Having considered the aforesaid submission and for better appreciation, it will be appropriate to reproduce paragraph 5 of the order passed by the Division Bench of this Court dated 23.08.2024, which reads as under:-
"1. Heard learned counsel for the petitioner, Sri Sarvesh Kumar Dubey, learned counsel appearing on behalf of the respondent nos.3 to 5, Sri Ashish Kumar Agarwal,
learned counsel appearing on behalf of the Nagar Palika Parishad Sandila and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:-
"i. a writ, order or direction in the nature of certiorari, to quash the notice dated 16- 04-2024 given by Project Director of NHAI as contained in Annexure No.-1, to this Versus Counsel for Applicant(s) : Anurag Narain Srivastava, Pawan Kumar Verma, Vartika Pandey Counsel for Opposite Party(s) :
Ganga Saran Gupta .....Applicant(s) B.P. Pathak, The Then Project Director Implementation Unit Barelily Sitting Lko. And Another .....Opposite Party(s)
writ petition."
3. It is the case of the petitioner that the land of the petrol pump was not acquired, but he has received an intimation on 16.04.2024 by the N.H.A.I. saying that his petrol pump is falling under the Proposed Right of Way of extension of National Highway. 4. It has been submitted that earlier the road from Lucknow to Palia was a State Highway. Now, it has been handed over to the N.H.A.I. for the purpose of road widening/ extension as National Highway. 5. Sri Sarvesh Kumar Dubey, learned Counsel for the respondent, on the basis of instructions, says that the land of the petrol pump as well as other appurtenant land was not acquired earlier as it was not part of the Project. He had a conversation with the Project Director, N.H.A.I., Lucknow and it has been submitted, on the basis of oral instructions, that no forcible demolition shall be carried out without following the due procedure of law. 6. List this case after four weeks on 20.09.2024. 7. In the meantime, counter affidavit be filed by the N.H.A.I. " Having considered the aforesaid paragraph and from perusal of the averments made in the petition, this Court does not find that there is any particular averment in the petition indicating that any portion of the property was demolished after the order dated 23.08.2024 was passed by the Division Bench, there is no particulars regarding the alleged demolition when and where it took place. In view thereof, this Court does not find that this is a fit case for issuance of notice. Accordingly, this case is dismissed, leaving it open for the applicant to raise the grievances, which are already under active consideration of a Division Bench of this Court in the pending writ petition.
August 26, 2025 Anurag CAPL No. 2677 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench