RAJEEV KUMAR SRIVASTAVA v. SRI ABHISHEK NATH TIWARI EXECUTIVE ENGINEER AVADH VIHAR YOJNA AVADH SHILP GRAM LKO. AND 2 OTHERS
CAPL/2344/2025 · 2025-11-21
Manish Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 183636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183636 (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. - 2344 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred against the alleged non-compliance of the interim order dated 18.03.2025 passed in Writ C No. 11219 of 2024. The relevant part of the said judgment and order is being reproduced hereinbelow:-
"2. Any exercise of demolition shall only be taken after following the procedures prescribed in the relevant statutes and the judgment of Hon'ble the Supreme Court dated 13.11.2024 rendered in Writ Petition (Civil) No.295 of 2022 [In Re: Directions in the matter of demolition of structures]. If the petitioner is still aggrieved he may avail other remedies prescribed" Learned counsel for the applicant has submitted that the respondent no. 1 Shri Abhishek Nath Tiwari, Executive Engineer, Avadh Vihar Yojna Avadh Shilp Gram Lucknow is going to demolish the house of the applicant without following the due process of law. On being asked, learned counsel for the applicant what is the material to show that respondent no.1 is going to demolish the house of the applicant without following the due procedure prescribed in law, he has submitted that he has stated the same in para nos. 22 and 23 of the affidavit filed alongwith the present case and secondly, he has submitted that notice of demolition has been served upon his neighbour so the applicant is apprehending that his house may also be demolished. After hearing learned counsel for the applicant and going through the record of the case, it is found that except the averment made in para nos. 22 and 23 of the affidavit filed alongwith the present case, nothing is on record to show that the respondent no. 1 is going to demolish the house of the applicant. The service of notice for demolition of house upon neighbour of the applicant does not imply that the house of the applicant Versus Counsel for Applicant(s) : Anand Dubey, Abhishek, Utkarsh Misra Counsel for Opposite Party(s) :
Rajeev Kumar Srivastava .....Applicant(s) Sri Abhishek Nath Tiwari Executive Engineer Avadh Vihar Yojna Avadh Shilp Gram Lko. And 2 Others .....Opposite Party(s)
will also be demolished without following due process of law and the judgment of Hon'ble Supreme Court as observed in the interim order dated 18.03.2025 passed in the Writ Petition.
In view of the facts, circumstances and discussion made hereinabove, the present contempt application is hereby dismissed. November 21, 2025 Ashish CAPL No. 2344 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench