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2025 DAILYLAW 58628 (ALL)

SMT. GAYATRI DEVI v. VIVEK KUMAR, COMMISSIONER, AZAMGARH DIVISION AND 9 OTHERS

CRCL/6/2025 · 2025-05-18

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Saumitra Dayal Singh

body2025

Judgment text

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Court No. - 45 Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 6 of 2025 Applicant :- Smt. Gayatri Devi Opposite Party :- Vivek Kumar, Commissioner, Azamgarh Division And 9 Others Counsel for Applicant :- Pramod Kumar Singh Paliwal Hon'ble Saumitra Dayal Singh,J. Hon'ble Sandeep Jain,J. 1. Heard Sri Pramod Kumar Singh Paliwal, learned counsel for the applicant and perused the application. 2. Submission is, non-applicants have committed criminal contempt of this Court with reference to its order dated 11.04.2023. For ready reference that order reads as below : "Primarily grievance of the petitioner is, while proceedings are still pending against the private respondents, they have unauthorisedly and illegally broken open the seal placed by the Development Authority over the disputed construction. In that regard, counsel for the Development Authority states that the matter is subjudice between the petitioner and the private respondents in civil proceedings. So far as the present complaint is concerned, further proceedings would be conducted and concluded in accordance with law. So far as the allegation of breaking open the seal is concerned, the authorities would ascertain the correct fact and do the needful in accordance with law. In view of such statement, no useful purpose would be served in keeping this petition pending and calling for a reply at this stage. Writ petition is disposed off in terms of the statement made by the counsel for the Development Authority." 3. Thereafter, reference has been made to the further communication dated 21.12.2024 issued by Public Information Officer, Azamgarh Development Authority, Azamgarh. It has thus been communicated to the present applicant that the disputed premise has not been sealed. 4. Submission is, a clear act of criminal contempt has been committed as the development authority first defeated fair course of justice by misleading the Court on 11.04.2023 that it had sealed the premises. Later, it has made contrary statement or changed its stand. 5. We have perused the order dated 11.04.2023, the information received by the applicant under the Right to Information Act dated 21.12.2024 and considered the submissions advanced by learned counsel for the applicant. 6. In absence of any statement made on behalf of development authority to this Court that it had sealed the premise in dispute, no case of criminal contempt may ever be made out. As to what action may or may not be taken and what rights the applicant may or may not claim in view of the information now received by her that the premise in issue was never sealed, is not for us to speculate or adjudicate. 7. Suffice to note, no act of criminal contempt is made out as may warrant any interference on the present application. 8. Accordingly, the present application is dismissed. Order Date :- 19.5.2025 Abhilash . (Sandeep Jain, J.) (S. D. Singh, J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad