UMA SHANKAR v. SRI SHIV SAHAY AWASTHI DISTT. MAGISTRATE DISTT. PRATAPGARH AND 4 OTHERS
/3999/2025 · 2025-12-08
Manish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 187347 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187347 (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. - 3999 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of judgment and order dated 06.10.2025 passed in Public Interest Litigation (PIL) No. 2933 of 2025 (Munni Lal @ Hari Sharan vs. State of Uttar Pradesh and 9 Others). Paragraph no. 37 of the same is quoted hereinbelow:-
"37. The concerned respondent authorities shall communicate the action taken by them to the informant and the informant shall be provided opportunity of hearing at every stage of the proceedings. If any encroachment is still on State land/public utility land in the State of Uttar Pradesh and information is yet not given by Chairman i.e. Pradhan and Secretary i.e. Lekhpal to Tehsildar under Rule 66 of Uttar Pradesh Revenue Code Rules, 2016 to initiate proceedings under Section 67 of Uttar Pradesh Revenue Code, 2006 or Inspector or any other official of the department/authority to the competent authority for removal of encroachment, civil contempt proceedings may be initiated by any person, in the High Court for non compliance of this order of the High Court." On being asked from learned counsel for the applicant that if any case has been filed by the applicant, he has submitted that the applicant has approached this Court by filing a PIL No. 563 of 2023 (Uma Shankar Vishwkarma vs. State of U.P. Thru. Secy. Revenue Civil Sectt. Lko and 11 Others) and the said writ petition was disposed of by judgment and order dated 12.07.2023 wherein the writ Court has passed an order that 'it is expected that the concerned authority shall proceed and decide the aforesaid case expeditiously in accordance with law.' It has been further asked from the learned counsel for the applicant whether the proceedings under Section 67 of the U.P. Revenue Code, 2006 as alleged by the applicant in PIL No. 563 of 2023 has been decided or not, he has replied that the proceedings under Section 67 of the Code, 2006 has been decided but the encroachment has not been removed. The contempt as alleged by the applicant filed for alleged non compliance of paragraph no.
37 of the judgment and order dated 06.10.2025 but it is not available to the applicant for the reason that the applicant had already approached this Court by filing P.I.L. as mentioned above. Here the direction is for the Chairman i.e. the Pradhan and Secretary i.e. the Lekhpal to the Tehsildar giving an information under Rule 66 of the U.P. Revenue Code Versus Counsel for Applicant(s) : Manuvendra Singh, Shubham Kumar Counsel for Opposite Party(s) :
Uma Shankar .....Applicant(s) Sri Shiv Sahay Awasthi Distt. Magistrate Distt. Pratapgarh And 4 Others .....Opposite Party(s)
Rules, 2016 for initiating the proceedings under Section 67 of the U.P. Revenue Code, 2006 and if they do not proceed under Rule 66 and Section 67, then any person may initiate a civil contempt proceedings. Here, the encroachment which the applicant is showing in the present case is the same for which the applicant himself filed a P.I.L. No. 563 of 2023 in which order has been passed by this Court and in pursuance thereof, order has already been passed under Section 67 of the U.P. Revenue Code, 2006 and in case of non compliance of the said order, the remedy available to the applicant is to move an application under para 460 of U.P. Revenue Court Manual. The case of the applicant is different to the case in the P.I.L. No. 2933 of 2025 where in case the authorities are not taking action for initiating proceedings, then anyone can file a civil contempt. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit and is accordingly dismissed. Notice if any stands discharged. December 8, 2025 Nitesh CAPL No. 3999 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench