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2025 DAILYLAW 160053 (ALL)

HASHIM ALI v. GAURAV KUMAR, NAGAR AYUKT, NAGAR NIGAM LALBAGH LKO. AND 4 OTHERS

CAPL/2679/2025 · 2025-08-28

Manish Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2679 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. 1. Heard learned counsel for the applicant as well as learned counsel for the opposite party. 2. The present contempt application has been preferred for alleged non- compliance of the judgment and order dated 16.05.2025, passed in Writ C No. 4267 of 2025. The relevant extract of the said judgment is quoted hereinbelow:- " Let the proceedings for correction of map be concluded at the earliest say within two months. Thereafter, if the occasion so arises, demarcation proceedings can be initiated as per law. Whatever construction etc being undertaken by the Nagar Nigam on the land in dispute will abide by the result of said proceedings subject to the right of appeal or challenge available to the Nagar Nigam with regard to the aforesaid proceedings." 3. Learned counsel for the applicant has submitted that despite the restraint order passed by the writ court on 16.05.2025 against the Nagar Nigam, not to raise any construction till the disposal of the proceedings of correction of map filed under Section 30 of the U.P Revenue Code, 2006 filed by the applicant, the officials of the Nagar Nigam had visited the site or the land in dispute along with the J.C.B on 12.08.2025 and tried to raise pillars. 4. The court has specifically asked whether the proceedings of correction of map has been concluded or not, learned counsel for the applicant has replied that the same is still pending and he is not aggrieved with the proceedings for correction of map not being decided and he has approached this court by filing the present contempt application against the authorities of the Nagar Nigam. Versus Counsel for Applicant(s) : Kuldeep Singh Counsel for Opposite Party(s) : Hashim Ali .....Applicant(s) Gaurav Kumar, Nagar Ayukt, Nagar Nigam Lalbagh Lko. And 4 Others .....Opposite Party(s) 5. After hearing learned counsel for the applicant and going through the judgment and order dated 16.05.2025 and the records of the case, it is found that the writ court had not passed any restraint order against the Nagar Nigam, as argued by learned counsel for applicant, rather, the writ court had observed that "Whatever construction etc being undertaken by the Nagar Nigam on the land in dispute will abide by the result of the said proceedings subject to the right of appeal or challenge available to the Nagar Nigam with regard to the aforesaid proceedings." 6. In view of the fact, circumstances and discussion made hereinabove, the contempt application is devoid of merits hence dismissed. August 28, 2025 DiVYa CAPL No. 2679 of 2025 2 (Manish Kumar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench