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2025 DAILYLAW 201992 (ALL)

PURANLAL @ PURANLAL PATHAK v. ALOK KUMAR, SDM, TEHSIL MAHSI, BAHARAICH

CAPL/3318/2025 · 2025-10-16

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3318 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 17.03.2025. The relevant extract of the same is quoted hereinbelow:- "2. Petitioner confines his prayer only to the extent that the Gram Pradhan is alleged to have got a Khadanja constructed on Gata No.1173 of which the petitioner is a Bhumidhar as per the Khatauni, which is annexed as Annexure No.2 to the petition. Let the petitioner approach the opposite party No.4, Sub Divisional Magistrate Mahasi, District-Bahraich, who shall get an inquiry/inspection conducted to ascertain the truthfulness of the allegation of the petitioner as noticed hereinabove and if it is found that, in fact, a Khadanja has been constructed on the Bhumidhari land of the petitioner without any authority of law then remedial measures will have to be taken by the Gram Pradhan in this regard as per law, which may include removal of Khadanja or initiating proceedings for determination of compensation if the land is to be acquired compulsorily or purchasing the land, if the petitioner contends to for adequate consideration. Whatever finding is recorded by the Sub Divisional Magistrate shall be communicated to the Gram Pradhan and the petitioner for further action on their part. Let this exercise be completed within a period of one month from the date a certified copy of this order is produced before the Sub Divisional Magistrate concerned. Thereafter, further proceedings, if the occasion, so arises for compensation etc., can be initiated. " Learned counsel for the applicant has submitted that the judgment and order dated 17.03.2025 has not been complied with as the authorities have only taken out the khadanja from the bhumidhari land of the applicant but no medh was made by them. After hearing learned counsel for the applicant and going through the order passed by the writ Court, the order is with regard to look into the complaint of the applicant whether the khadanja was laid on his bhumidhari land or not and if it is on the bhumidhari land of the applicant, then the compensation may be paid to the applicant. As per the admitted case of the applicant, the khadanja has been removed, so there is no question for payment of compensation and there is no order for making medh etc. Versus Counsel for Applicant(s) : Sarojani Misra, Anurag Pathak, Sonal Pandey Counsel for Opposite Party(s) : Puranlal @ Puranlal Pathak .....Applicant(s) Alok Kumar, Sdm, Tehsil Mahsi, Baharaich .....Opposite Party(s) In view of the facts and discussion made hereinabove, the present contempt application is devoid of merits and is accordingly dismissed. Notice, if any, stands discharged. October 16, 2025 Nitesh CAPL No. 3318 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench