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2025 DAILYLAW 195045 (ALL)

PREM LATA DEVI v. SHASHANK TRIPATHI, ZILADHIKARI / COLLECTOR DISTT. BARABANKI AND ANOTHER

CAPL/4218/2025 · 2025-12-19

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4218 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non- compliance of the judgment and order dated 17.07.2025 passed in Writ C No. 6772 of 2025. The relevant excerpts of the said judgment and order dated 17.07.2025 is being quoted hereinbelow:- " For compliance of the said order, the prescription is contained under Para 460 of the U.P. Revenue Court Manual, which shall be executed in accordance with law. The petitioner may avail the appropriate remedy by invoking the said provision, if so advised." Learned counsel for the applicant has submitted that despite the order passed in the proceedings under Section 67 of the U.P. Revenue Code, 2006, the encroachment has not been removed or the order passed under Section 67 of the U.P. Revenue Code, 2006 is not being executed, hence, respondent no. 2 is willfully and intentionally violating the orders passed by the Writ Court, thus, he is liable to be punished under the provisions of Contempt of Courts Act, 1971. On being asked, learned counsel for the applicant whether the applicant has moved any application on the prescribed form contained in para 460 of the U.P. Revenue Court Manual, as directed by the Writ Court, he has Versus Counsel for Applicant(s) : Suresh Sharma Counsel for Opposite Party(s) : Prem Lata Devi .....Applicant(s) Shashank Tripathi, Ziladhikari / Collector Distt. Barabanki And Another .....Opposite Party(s) replied that the applicant has not filed any such application but only make a representation to the respondent hence, as per the admitted case of the applicant that he has not moved any application under Para 460 of the U.P. Revenue Court Manual, then it cannot be said that the respondents have willfully and intentionally disobeying the judgment and order of the Writ Court dated 17.07.2025. In view of the aforesaid, the present contempt application is devoid of merits hence, dismissed. December 19, 2025 Ashish CAPL No. 4218 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench