BAHORI LAL v. SRI ANUNAY JHA DISTT. MAGISTRATE HARDOI DISTT. HARDOI
CAPL/4165/2025 · 2025-12-17
Manish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 182612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182612 (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. - 4165 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 04.04.2025 passed in Public Interest Litigation (PIL) No. 278 of 2025. The relevant paragraphs of the same are quoted hereinbelow:-
"3. The learned Standing Counsel based upon the instructions states that the land has been free from encroachment and has been handed over to the Gram Sabha and this fact has been confirmed by Sri Dilip Kumar Pandey, learned Counsel appearing on behalf of the Gaon Sabha.
4. In view thereof, no further directions are requires to be passed, however, in case any encroachment sill exists, the petitioner would be at liberty to file appropriate applications under the U.P. Revenue Code, which shall be dealt with in accordance with law." On being asked from learned counsel for the applicant as to what was the direction by the writ Court which has not been complied with by the respondent, he is unable to reply the same. Even the writ Court has given liberty to the applicant to file appropriate application under the U.P. Revenue Code in case any encroachment still exists. So there is neither any direction for the respondent nor the applicant is able to show what direction of this Court has not been complied with by the respondent or in case, there is any encroachment, for that, the liberty has already been given to the applicant to avail the remedies under the U.P. Revenue Code, so, this frivolous contempt application is nothing but an abuse of process of the court. Versus Counsel for Applicant(s) : Rajesh Kumar Kashyap, Govind Kumar Counsel for Opposite Party(s) :
Bahori Lal .....Applicant(s) Sri Anunay Jha Distt. Magistrate Hardoi Distt. Hardoi .....Opposite Party(s)
In view of the above, the present contempt application is dismissed. December 17, 2025 Nitesh CAPL No. 4165 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench