LOKESH KUMAR KHURAN v. DR. BALKAR SINGH, HOUSING COMMISSIONER, U.P. AVAS EVAM VIKAS PARISHAD AND 2 OTHERS
CAPL/2037/2025 · 2025-04-30
Salil Kumar Rai
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49358 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49358 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68493 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2037 of 2025 Applicant :- Lokesh Kumar Khuran Opposite Party :- Dr. Balkar Singh, Housing Commissioner, U.P. Avas Evam Vikas Parishad And 2 Others Counsel for Applicant :- Harsh Vardhan Shastri Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading disobedience of the
order dated 5.12.2014 passed by this Court in Civil Misc. Writ Petition No. 46342 of 2013 whereby a Division Bench of this Court had issued certain directions for demolition of unauthorized constructions. The records annexed with the affidavit disclose that against the order passed by this Court, Civil Appeal No. 14604 of 2024 was registered in the Supreme Court and the said appeal was dismissed by the Supreme Court vide its order dated 17.12.2024. It is also apparent from the order dated 17.12.2024 passed by the Supreme Court that certain additions were made by the Supreme Court in the directions issued by this Court vide its order dated
5.12.2024. It is also apparent from a reading of the order dated 17.12.2024 that the order dated 5.12.2024 passed by this Court had merged in the order passed by the Supreme Court. It also transpires that an application was filed in the Supreme Court by the appellant in which the Supreme Court passed an
order observing that the directions shall now be complied with, failing which the applicant shall be in contempt. The said order was passed on 28.4.2025. It is apparent that the failure of the opposite parties to act as mentioned in the affidavit filed in support of the contempt application is in disobedience of the order of the Supreme Court. This Court under Sections 10 and 12 of the Contempt of Courts Act, 1971 or under Article 215 of the Constitution of India does not have the power to punish for contempt of the orders of the Supreme Court. The contempt application is not maintainable and is dismissed. The applicant may exercise other remedy available to him in law.
Order Date :- 1.5.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad