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2026 DAILYLAW 10311 (ALL)

SHOBHAWATI AND ANOTHER v. MOHD AMAAN AND 4 OTHERS

CAPL/6936/2026 · 2026-09-30

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 6936 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 20.04.2018 passed in Writ-C No. 9202 of 2018, order whereof is quoted hereinunder.- "In response to the order passed by this Court, supplementary affidavit has been filed, which is taken on record. Learned counsel for the petitioner submits that from the perusal of the report submitted by Deputy Collector, Tehsil Badlapur, Distt. Jaunpur, which is based on the report of Lekhpal accepted by the Tehsildar it appears that the house of Smt. Shobhawati wife of Parasnath (first petitioner) has been shown west side in plot no.888 and the above pucca house has been shown to be constructed prior to thirty two years and in the same way the pucca house of the second petitioner has been shown east side and the same has been constructed nearly about five years ago. While submitting report the Lekhpal has also observed that the possession had also been handed over to the petitioners in response to the allotment, which was settled way back in the year 2012. The said report has been disputed by the petitioner that at no point of time the petitioners were put on possession over the site, which has been allotted to the petitioners, whereas the construction as has been shown is ancestral construction and still the respondents have not given the possession to the petitioners. It appears that valid allotment has been made in favour of the petitioners, which was duly approved by the respondents for the housing purpose in the year 2012 and twice the petitioners have approached this Court. In such situation, the Court is of the prima facie opinion that the grievance of the petitioner has not been redressed properly by the respondents. As such, it is incumbent upon the Sub Divisional Magistrate concerned to forthwith visit the site himself along with revenue officials and ensure that on or before the next date fixed before this Court, vacant possession of the site, which has been allotted to the petitioners may be handed over to them, in case there is no other impediment. Put up this matter on 09.05.2018. Let a copy of this order be given to Shri Pankaj Rai, learned Addl. Chief Standing Counsel free of cost for necessary compliance." Versus Counsel for Applicant(s) : Dinesh Kumar Maurya, Ram Raj Prajapati Counsel for Opposite Party(s) : Shobhawati And Another .....Applicant(s) Mohd Amaan And 4 Others .....Opposite Party(s) 2. Learned counsel for the applicant has submitted that despite the fact that the applicant was handed over the possession in terms of the order of the writ court, however, after a period of approximately eight years, i.e. on 26.08.2026, the opposite party nos. 3 to 5, who happened to be opposite party nos. 5 to 7 of the writ petition, in collusion with the opposite party nos. 1 and 2 in the contempt application, had demolished the boundary wall and dispossessed him. 3. On a pointed query being raised to the learned counsel for the applicant as to what is the contempt, he submits that though the possession was handed over in the year 2018, but now a fresh cause of action has arisen in the year 2026, wherein constructions were demolished and he has been dispossessed. So far as the fresh cause of action as alleged to have arisen in the year 2026 is concerned, the applicant would take appropriate remedy as permissible and advisable under law. 4. In view of the same, the contempt application is consigned to record leaving it open to the applicant to take appropriate legal remedy in that regard. October 1, 2026 Rajesh CAPL No. 6936 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad