HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4585 of 2025 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This contempt proceeding has been initiated by the applicant under Section 10 of Contempt of Courts Act stating that the suit filed by the applicant was decreed in civil appeal filed by the applicant being Civil Appeal no.116 of 2013 vide judgment dated 09.03.2017. The applicant had alleged that the demolition activity has taken place despite the fact that against the judgment rendered by the appellate Court, no special appeal was preferred by the Kanpur Development Authority. 2. Learned counsel appearing for the Kanpur Development Authority, on 03.09.2025, had placed before the Court the instructions so received by him. According to him, the demolition activity has been carried out on plot no.94 area, 1500 Sq.M. at Village Taudhakpur, Charaga, Kanpur Nagar, which is adjacent to Village- Parsauli and no demolition activity was carried out at Plot No.333, measuring 150 Sq.M. situated at Village- Parsauli, Tehsil- Kanpur Nagar, as claimed by the applicant. 3. This Court, on 04.09.2025, had directed the District Magistrate, Kanpur Nagar to submit his report within two weeks as to whether demolition took place at Plot No.333, Village- Parsauli, Tehsil- Kanpur Nagar or Plot No.94, and following order was passed:- "1. Supplementary affidavit filed today be taken on record. 2. Heard learned counsel for applicant and Sri A.P. Paul, learned counsel for opposite parties. 3. Pursuant to the order dated 28.08.2025, Sri A.P. Paul has produced Versus Counsel for Applicant(s) : Dheeraj Kumar Dwivedi Counsel for Opposite Party(s) : Anand Prakash Paul Ram Shankar .....Applicant(s) Shri Madan Gabariyal And 2 Others .....Opposite Party(s) instruction dated 03.09.2025, which is taken on record. Based upon instruction, he submitted that Appeal No. 116 of 2013 pertains to Plot No. 333 area 150 Sq. Mtr., Village- Parsauli, Tehsil-Kanpur Nagar whereas demolition took place at Plot No. 94 area 1500 Sq. Mtr., village- Taudhakpur, Charaga, Kanpur Nagar, which is adjacent to Village - Parsauli. He also pointed out that before demolition, notice dated 20.09.2023 was issued, which was not replied, therefore, demolition order dated 01.06.2024 has been passed and it was served upon the applicant on 03.06.2024. Thereafter, opposite parties have proceeded to demolish the disputed property at Village-Taudhakpur. 4. Learned counsel for applicant has invited attention of the Court to the Commission report dated 03.07.2025 and submitted that demolition took place at Plot No. 333 area 150 Sq. Mtr., Village- Parsauli, Tehsil-Kanpur Nagar. 5. As the facts are disputed, therefore, District Magistrate, Kanpur Nagar is directed to submit report within two weeks as to whether demolition took place at Plot No. 333, Village- Parsauli, Tehsil-Kanpur Nagar or Plot No. 94. District Magistrate, Kanpur Nagar is further directed that an Officer not below the rank of Sub Divisional Magistrate shall be deputed to prepare the report. 6. Put up this case as fresh on 18.09.2025. 7. Learned counsel for the applicant is directed to supply the copy of this contempt application as well as supplementary affidavit to contempt section during the course of the day. 8. On the next date fixed, Sri A.P. Paul is directed to produce the photocopy of notice dated 20.09.2023 and order dated 01.06.2024 referred in instruction dated 03.09.2025. 9. Registrar (Compliance) is directed to send a copy of this order along with copy of contempt application as well as supplementary affidavit to District Magistrate, Kanpur Nagar within 24 hours. " 4. Today, when the case was taken up, learned Standing Counsel has placed before the Court the instructions so received by him. According to him, report of the District Magistrate, Kanpur Nagar dated 16.09.2025 clearly reveals that the demolition activity was carried out at Plot No.94, measuring 1500 Sq.M. at Village Taudhakpur, Charaga, Kanpur CAPL No. 4585 of 2025 2 Nagar and not at Plot No.333, measuring 150 Sq.M. situated at Village- Parsauli, Tehsil- Kanpur Nagar. 5. As the report has been submitted by the District Magistrate, Kanpur Nagar, no case for contempt is made out. 6. Contempt application stands dismissed. Contempt notice stands discharged. 7. However, it is open to the applicant to challenge the report of the District Magistrate, Kanpur Nagar before appropriate forum, if so advised. May 14, 2026 SK Goswami CAPL No. 4585 of 2025 3 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad