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2026 DAILYLAW 8447 (ALL)

ASHOK KUMAR KURIL AND 7 OTHERS v. MR. ARPIT UPADHYAY, THE NAGAR AYUKT NAGAR NIGAM KANPUR NAGAR

CAPL/5343/2026 · 2026-09-23

Vikas Budhwar

Special Leave Petitionbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5343 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. This Court on 12.08.2026 proceeded to pass the following orders:- "1. Vakalatnama has been filed on behalf of Shri Munna Pandey (A/M 0659/2012) and Sri Harshit Pandey (A/H 0022/2018), counsel for opposite party, is taken on record. 2. Supplementary affidavit, filed today, is taken on record. 3. The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 13.02.2026 passed by this Court in Writ-A No. 10931 of 2026. 4. It has been apprised to the Court that a Special Leave Petition (C) No. 22623 of 2026 (Janki Devi v. State of U.P.) came to be preferred, in which on 07.07.2026, the following orders have been passed: "1. We do not find a good ground to interfere with the impugned order/judgment in exercise of our jurisdiction under Article 136 of the Constitution of India.Accordingly, the special leave petition stands dismissed. 2. Pending application(s), if any, shall stand disposed of." 5. Allegation of the learned counsel for the applicant is that the opposite party are siding with the tenants/ encroachers. 6. Today Shri Munna Pandey without there being any notice issued to the opposite party has stood up and he has made a statement at bar that he has instructions in the matter. He has produced before this Court an order dated 11.08.2026 which is taken on record and marked as appendix- A. 7. A perusal of the same would go to show that a review application has been preferred before the Hon'ble Apex Court. 8. Shri Munna Pandey who claims to have obtained instructions on behalf of the opposite party submits that 15 days' time has been accorded to the tenant/ encroacher to obtain orders in the review which is stated to be pending. According to him, after 15 days, suitable action would be taken in this regard for compliance of the order of Versus Counsel for Applicant(s) : Qazi Vakil Ahmad Counsel for Opposite Party(s) : Harshit Pandey, Munna Pandey Ashok Kumar Kuril and 7 others .....Applicant(s) Mr. Arpit Upadhyay, The Nagar Ayukt Nagar Nigam Kanpur Nagar .....Opposite Party(s) the writ court. 9. Put up this case on 09.09.2026 at 2.00 PM in the additional cause list, by which time, an affidavit be filed regarding compliance in that regard. 10. When the matter is next listed, the name of Shri Munna Pandey and Sri Harshit Pandey shall be shown from the opposite party side." 2. On 18.08.2026, following orders were passed:- "In Re: Correction Application No.1 of 2026 1. By way of correction application, correction has been sought in the order dated 12.08.2026 in para-3 line no.3 for deletion of the date 13.02.2026 while substituting the same with 13.05.2026. 2. The correction application is allowed accordingly." 3. Today, a perusal of the compliance affidavit would reveal that the order of the writ- Court has been complied with. 4. The counsel for the applicant does not dispute the same. 5. In view of the above, the contempt application is consigned to record. September 24, 2026 N.S.Rathour CAPL No. 5343 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad