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2025 DAILYLAW 166493 (ALL)

MAHADEV v. SRI MANGLA PRASAD SINGH, DIST. MAGISTRATE, HARDOI

CAPL/3719/2023 · 2025-03-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14443 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3719 of 2023 Applicant :- Mahadev Opposite Party :- Sri Mangla Prasad Singh, Dist. Magistrate, Hardoi Counsel for Applicant :- Suresh Chand Rathour Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non-compliance of judgement and order dated 9.6.2023 passed in Writ-C No.4603 of 2023, the relevant extract of the order is quoted hereinbelow : "In view of above, without entering into the merits of the case, the petition is disposed of with direction to the respondent no.2 to consider and dispose of the representation of the petitioner dated 23.05.2023, contained in Annexure No.1 to the petition in accordance with law after affording opportunity of hearing to all affected parties expeditiously say within a period of six weeks from the date of production of certified copy of this order. In the meantime, the concerned authority shall ensure that the bhumidhari land of the petitioner is not encroached upon in any manner for making the chak road." Learned Standing Counsel on the basis of the instruction received has submitted that the representation of the applicant has already been decided by order dated 1st December, 2023 in compliance of the judgement and order dated 9.6.2023 passed by the writ court, the office order dated 1.12.2023 is produced during course of the argument, which is taken on record. It is further submitted that no encroachment upon the Bhumidhari land of the applicant was made by the respondent in compliance of the judgement and order passed by the writ court. On the other hand learned counsel for the applicant has submitted that the representation of the applicant has been decided, but the same has been decided without making any measurement of the disputed land and there are illegalities in the office order dated 1.12.2023. On being asked whether during the period 9.6.2023 to 1.12.2023 the authority had ever encroached upon the Bhumidhari land of the applicant, he has very fairly submitted that no such encroachment was made during the said period. After hearing learned counsel for the parties and going through the record of the case, it is found that there were only two directions, first to decide the representation of the applicant and second, no encroachment would be made on the Bhumidhari land of the applicant in the meantime i.e. till the decision on the representation of the applicant. The representation has been decided and it is an admitted case that no encroachment was made during the aforesaid period. In view of the aforesaid facts and discussion made hereinabove, the present contempt application has become infructuous and it is dismissed as such. The notice, if any, issued against the respondent is hereby discharged. Order Date :- 10.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench