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2025 DAILYLAW 201638 (ALL)

SAURABH DWIVEDI v. MISS NEHA RAJWANSHI, TEHSILDAR, TEHSIL AND DISTT. AMETHI

CAPL/3251/2025 · 2025-10-15

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3251 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 of the Writ Court dated 22.11.2024. The relevant extract of the said judgment and order is being reproduced hereinbelow:- "Considering the relief, the remedy of the petitioner is to move an application under Section 67 of the U.P. Revenue Code. In case such, an application is filed, the proceedings shall be initiated and concluded in accordance with law. " Learned counsel for the applicant has submitted that in pursuance of the judgment and order of the Writ Court, an order under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as, the Code, 2006) has been passed on 26.06.2025 but the same is not being executed by removing the encroachment. After hearing learned counsel for the applicant and going through the record of the case, it is found that the Writ Court has disposed of the writ petition filed by the applicant on the ground of remedy available to the applicant under Section 67 of Code, 2006 with a direction that in case such an application is filed, the proceedings shall be initiated and concluded in accordance with law. In pursuance thereof, an order has Versus Counsel for Applicant(s) : Shankar Lal Pandey, Ankita Tiwari Counsel for Opposite Party(s) : Saurabh Dwivedi .....Applicant(s) Miss Neha Rajwanshi, Tehsildar, Tehsil And Distt. Amethi .....Opposite Party(s) been passed on 26.06.2025 under Section 67 of the Code, 2006 but it is not being implemented and executed till date, as per the submission made by learned counsel for the applicant. For execution/implementation or non-compliance of an order passed under Section 67 of the Code, 2006, the applicant has a remedy to file an application under para 460 of the U.P. Revenue Court Manual. So far the order passed by the Writ Court is concerned, it has already been complied with. In view of the aforesaid, the present case is devoid of merit, hence, dismissed. October 15, 2025 Ashish CAPL No. 3251 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench