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2025 DAILYLAW 87083 (ALL)

MAHENDRA SINGH v. ALOK NIRANJAN, EXECUTIVE ENGINEER, ZONE NO.6, ADA, GHAZIABAD DEVELOPMENT AUTHORITY AND 3 OTHERS

CAPL/4267/2025 · 2025-09-03

Neeraj Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4267 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. 1. Heard Sri Gulab Chandra Tiwari, learned counsel for the applicant and Sri Tejaswi Mishra, learned Standing Counsel for the opposite parties. 2. Pursuant to order of this Court dated 19.08.2025, Sri Tejaswi Mishra, learned Standing Counsel for the opposite parties has produced undated instruction along with relevant documents and map, which is taken on record. 3. Based upon instruction, he submitted that earlier Case No. 374 of 1997(Lajja Ram and others Vs. Man Singh and others) was filed, which was dismissed on 29.09.2011. Against that opposite party filed First Appeal No. 115 of 2016, which was decided on 31.08.2022. Against the said order, Second Appeal No. 899 of 2022 was filed before the High Court in which order of status quo was passed on 13.12.2022. He further invited attention of this Court to paragraph 49 of the order dated 31.08.2022 passed in First Appeal No. 115 of 2016 and submitted that suit property is marked as 'FCDEF' in the map, whereas, applicant is raising dispute with regard to property marked as 'KCL' in the map. Therefore, no contempt is made out. 4. Learned counsel for the applicant could not dispute the aforesaid facts. 5. Under such facts of the case, no contempt is made out. 6. Contempt application is hereby dismissed. September 4, 2025 ADY Versus Counsel for Applicant(s) : Gulab Chandra Tiwari, Ramesh Kumar Pandey Counsel for Opposite Party(s) : (Neeraj Tiwari,J.) Mahendra Singh .....Applicant(s) Alok Niranjan, Executive Engineer, Zone No.6, Ada, Ghaziabad Development Authority And 3 Others .....Opposite Party(s) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad