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2025 DAILYLAW 200816 (ALL)

MOHAN JI v. MANGALA PASAD SINGH DISTRICT MAGISTRATE AND 3 OTHERS

CAPL/5435/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5435 of 2025 Court No. - 37 HON'BLE DINESH PATHAK, J. 1. Instant contempt application has been filed against the State authorities alleging wilful disobedience of the order dated 01.05.2025 passed in Writ- B No.1668 of 2025 (Mohan Ji vs. State of U.P. And Others). 2. Perusal of the order dated 01.05.2025 reveals that direction has been issued against the private persons not to raise any construction and not to change the nature of the said land. Further direction has been issued to the Board of Revenue to decide the application for interim relief. Previously, a Contempt Application (Civil) No.3198 of 2025 (Mohan Ji vs. Ranjeet And 6 Others) has been filed against the private respondents for raising constructions in disobedience of the order dated 01.05.2025, which is pending consideration before this Court. This is the second contempt application alleging wilful disobedience of the same order dated 01.05.2025. 3. In my considered opinion, second contempt application, based on the same order dated 01.05.2025, is not maintainable in the eyes of law. Moreso, State authorities, who are arrayed in the instant contempt application as opposite parties, cannot be held guilty for the wilful disobedience of the order dated 01.05.2025. 4. In view of the above, instant contempt application is dismissed in limine. Versus Counsel for Applicant(s) : Arvind Kumar Maurya, Arvind Singh Counsel for Opposite Party(s) : (Dinesh Pathak,J.) Mohan Ji .....Applicant(s) Mangala Pasad Singh District Magistrate And 3 Others .....Opposite Party(s) October 15, 2025 VR CAPL No. 5435 of 2025 2 Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad