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2025 DAILYLAW 175297 (ALL)

DINESH KUMAR SHUKLA v. HARSHITA MATHUR, D.M. / COLLECTOR, RAEBARELI

CAPL/3393/2024 · 2025-10-29

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3393 of 2024 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non-compliance of the judgment and order of the Writ Court dated 24.04.2024 passed in Writ C No. 877 of 2024. The relevant excerpts of the said judgment and order is being quoted hereinbelow:- "तदनुसार, यह िरट यािचका इस िनदȆश के साथ िनĥतािरत की जाती है िक यािचकाकताă भूिम गाटा सं० 650 (क) िĥथत Ŏाम अतरहर, परगना खीरȋ, तहसील लालगज, जनपद रायबरेली का सीमांकन 2 सĚताह के भीतर सुिनिdzत करते ɷए िवपWीगण यिद यािचकाकताă की भूिम तालाब िवकिसत िकया है, तो उसको हटाकर यािचकाकताă की भूिम मूल ĥवɴप मȅ उनको वापस करना सुिनिdzत करȅ।" Learned Standing Counsel has submitted that the judgment and order of the Writ Court has been complied with and in this regard, a compliance affidavit has already been filed before this Court on 30.1.2025 enclosing therewith a copy of the order dated 21.01.2025 passed by the Sub Divisional Officer, Lalganj, Raibareli and the memo of spot inspection report dated 20.01.2025 indicating therein no pond is in existence on the land of the applicant and the measurement was made in the presence of the applicant and other parties but the applicant has refused to sign the same. It is further submitted that the compliance affidavit has been filed on 30.01.2025 but till date no objection has been filed. On the other hand, learned Counsel for the applicant has submitted that if the pond is not on the land of the applicant then where is the land of the Versus Counsel for Applicant(s) : Ramesh Kumar Srivastava Counsel for Opposite Party(s) : Dinesh Kumar Shukla .....Applicant(s) Harshita Mathur, D.M. / Collector, Raebareli .....Opposite Party(s) applicant i.e. Gata No. 650 (ka). After hearing learned counsel for the parties and going through the record of the case, it is found that the aforesaid factual aspect cannot be seen by this Court in the present proceedings. In compliance of the judgment and order of the Writ Court, the measurement was made and the report is that the pond is not on the land of the applicant so the judgment and order passed by the Writ Court has been complied with. Further, no objection has been filed till date to the compliance affidavit filed on 30.01.2025. Accordingly, the present contempt application is hereby dismissed. Notice issued earlier, if any, stands discharged. October 29, 2025 Ashish CAPL No. 3393 of 2024 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench