THAKUR CHAUBEY v. BYAS NARAYAN UMRAV, ASSISTANT COLLECTOR PADRAUNA
CAPL/2281/2025 · 2025-05-15
Salil Kumar Rai
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 58429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58429 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81202 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2281 of 2025 Applicant :- Thakur Chaubey Opposite Party :- Byas Narayan Umrav, Assistant Collector Padrauna, Counsel for Applicant :- Arvind Kumar Shukla Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading wilful disobedience of the order dated 16.04.2024 passed by this Court in Public Interest Litigation (PIL)No. 412 of 2024 whereby certain directions were issued to the Assistant Collector, Padrauna, District Kushinagar for removal of alleged encroachments over the gaon sabha plots. A perusal of the records annexed with the contempt application show that the order was served on the Deputy District Magistrate and the District Magistrate. However, there is nothing on record to show that the order was served on the concerned Tehsildar. Encroachments over gaon sabha land are removed through proceedings registered under Section 67 of the Uttar Pradesh Revenue Code, 2006. The proceedings are registered before the Assistant Collector and the tehsildar of the concerned area is notified as the Assistant Collector for proceedings registered under Section 67 of the Code, 2006. The appeal against the order of Tehsildar is filed before the District Magistrate/ Collector. As there is nothing on record to indicate that the concerned Tehsildar had notice of the order passed by this Court, no proceedings under the contempt of Courts Act, 1971 are maintainable for willful disobedience of the order passed by this Court. The application is dismissed. Order Date :- 16.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad