HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5090 of 2024 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The affidavit, filed on behalf of opposite party no. 1, is taken on record. 2. This Court on 19.08.2026 proceeded to pass the following orders: "Order on Civil Misc. Impleadment Application No. 1 of 2026 1. Since there is no objection to the same by the learned Standing Counsel, impleadment application stands allowed. 2. Accordingly, impleadment application is allowed. 3. Let necessary impleadment be carried out by learned counsel for applicant, Shri Aneg Singh, Sub Divisional Officer, Tehsil Chunar, District Mirzapur as opposite party no.2, during the course of the day. Order on Contempt Application (Civil) 4. The present contempt petition has been preferred alleging non-compliance of the order dated 19.04.2024 passed in PIL No. 83 of 2024, the order whereof is quoted hereinunder: "1. Heard Shri Sunil Kumar Patel, learned counsel for the writ petitioner and Shri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for respondent nos. 1, 2 and 3. Notice on behalf of respondent no.4 has been accepted by Shri Pradeep Singh. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent Nos.5, 6 and 7. 3. Essentially the present PIL has been preferred for a direction to the second respondent, District Magistrate, Mirzapur, District-Mirzapur and the Sub-Divisional Officer, Tehsil Chunar, District-Mirzapur, third respondent to take a necessary action for removal of the encroachment/obstruction whereby they have encroached upon the public road which is over Arazi No. 212M Rakba 0.0310 and Arazi No. 373 Rakba 2 Bigha and 18 Biswa which is recorded as Banjar in the village Versus Counsel for Applicant(s) : Sunil Kumar Patel Counsel for Opposite Party(s) : Bijendra Bahadur Singh .....Applicant(s) Sri Rajesh Kumar Verma, Sdo .....Opposite Party(s) concerned. 4. This Court on 30.01.2024 sought instructions. 5. Pursuant thereto, orders were passed on 20.02.2024 and thereafter on 14.03.2024. After service of the copy of the instructions upon the learned counsel for the writ petitioner, the learned counsel for the writ petitioner has filed reply to the instructions dated 12.04.2024. A perusal of the instructions under the signatures of Sub-Divisional Officer, Tehsil Chunar, District-Mirzapur as received on 12.03.2024 would reveal that in para 1 it is recited that Arazi No. 212M Rakba 0.719 hectares contains six khatas para 2, it is asserted that Arazi No. 212M Rakba 0.719 hectare situated in Gram Pauni Pargana Baghwat Tehsil Chunar, District Mirzapur contains as may as six Khata. It is further asserted that in Arazi No. 212M only 0.031 hectares is recorded as Banzar which is apparent from Khata No. 265 and with respect of five other Khatas Rakba 0.688 hectares, it stands recorded in the name of various agriculturist/land owners. Insofar as Arazi No. 373M Rakba 0.736 hectares situated at Gram Pauni, Pargana Baghwat Tehsil Chunar, District Mirzapur with regard to the fasli year in the Khatauni 1430-1435, 14 Khatas are existing which stands recorded in the various land owners/agriculturist and in Arazi No. 373 at present Banjar is not recorded, in para 5 of the said instructions page 2, it is recited that Arazi No. 212M and Arazi No. 373M total Rakba 1455 hectares only 0.031 is recorded as Banzar and over 0.065 hectares, road is existing which is in running condition. It is also asserted that a civil suit filed before the Civil Judge (Junior Division) in Civil Suit No. 443 of 2023 which is pending in which there is an injunction order dated 08.07.2024. 6. Learned counsel for the writ petitioner has invited the attention towards various documents contained in the reply to the instructions so as to contend that without there being any proper demarcation and a preparation of spot memo, it cannot be established that the pathway is free from obstruction/encroachment. He submits that let a proper spot inspection be done and a spot memo be done in the presence of the villagers. 7. Shri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel submits that though the instructions do not contain any spot memo, however, in the fitness of the matter and in order to preserve the land of the State Government/Gaon Sabha, an inspection will be conducted by the competent authority in the presence of the villagers and thereafter if necessary proceedings will be initiated as per the statute. 8. At this stage, Shri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel submits that with respect to the order dated 02.11.2023 passed in O.S. No. 443 of 2023 while disposing Application No. 8-Ga, CAPL No. 5090 of 2024 2 directions has been issued for demarcation/spot inspection. 9. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed of requiring the writ petitioner to approach the third respondent, Sub-Divisional Officer, Tehsil Chunar, District-Mirzapur along with self attested copy of the writ petition, the reply submitted to the instructions and the certified copy of the order before the third respondent, Sub-Divisional Officer, Tehsil Chunar, District-Mirzapur who shall thereafter proceed to take appropriate decision regarding spot inspection and if necessary conduct proceedings done as per the statute. 10. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 11. With the aforesaid observation, the writ petition is disposed off." 5. This Court on 07.08.2024 proceeded to pass the following orders: "Issue notice to the opposite party fixing 23.10.2024 to answer as to why contempt proceedings should not be initiated against him for violation of the order passed by this Court. List on 23.10.2024." 6. There is an office report dated 22.10.2024 / 30.07.2026 which reads as under: "In compliance of Hon'ble Court's order dt. 07/8/24 notice issued to opp. party has been served through his counsel. The case is put up for order." 7. Let a bailable warrant be issued against the opposite party no. 1 through Chief Judicial Magistrate, Mirzapur. 8. Chief Judicial Magistrate, Mirzapur shall ensure presence of the opposite party on the said date. 9. Issue notice to opposite party no. 2. 10. List on 23.09.2026 in the additional cause list." 3. The affidavit of the opposite party no. 1 which reads as under: "10. That after passing the aforesaid order dated 19.08.2026 in the present contempt application, the spot inspection as well as documentary investigation was again conducted. After investigation, it was found that there are 6 Battedar numbers in plot no. 212 of village Pauni Pargana Bhagwat Tehsil Chunar District Mirzapur, which is 212 mi area 0.632 hectare. Cultivator Urmila Devi wifeof late Nandlal, Kaushal Kumar Singh son of Sitaram, Girja son of Ganga, Chandshekhar son of late Radheshyam, Parameshwar Singh son of Siddhnath, Bache Lal son of Shyamlal, Munni Devi wife of late Jawahar, Rajendra Prasad Singh son of late Jawahar, Ramchandra Singh and Vijay Kumar Singh sons of late CAPL No. 5090 of 2024 3 Banwari and Ramsharwar Singh and Rameshwar Singh sons of Siddhnath, plot no. 212 mi. area 0.0180 hectare. Cultivator Nandlal son of Ramnath plot no. 212 mi area 0.0190 hectare. Babunandan and Shivdas and Haridas sons of Bhagelu plot no. 212 mi area 0.0190 hectare Ramchandra and Lallan and Lalman sons of Jholai and Sukhiya Devi wife of Chotai plot no. 212 mi area 0.0380 hectare cultivator Sudama and Rama and Kamla Prasad and Govind Lal sons of Ramdev and Mansha Ram and Hansa and Kanta Prasad sons of Mahadev, plot no. 212 mi area 0.0310 hectare which is mentioned in barren category 5-3 (d) / other cultivable barren land account. The said plot no. 212 mi, which is barren land account, was found in the shape of a road on the spot, which is being used by the villagers as a road. 11. That it is further submitted that plot No. 373 Mi area 0.5310 Hectare which belongs to Urmila Devi wife of Late Nandlal, Kaushal Kumar Singh son of Sitaram, Girja son of Ganga, Chandshekhar son of Late Radheshyam, Parameshwar Singh and Ramsarwar Singh and Rameshwar Singh sons of Siddhnath, Bache Lal son of Shyamlal, Munni Devi wife of Late Jawahar, Rajendra Prasad Singh son of Late Jawahar, Ramchandra Singh and Vijay Kumar Singh sons of Late Banwari Plot No.373bhi Area 0.0330 Hectare Gulab Patti Devi wife of Deenanath Singh, Plot. No. 373mi Area 0.0130 Hectare Fourth Ram son of Pakhandi Plot. No. 373mi Area 0.0130 Hectare Kewala Devi wife of Sachchu, Jhagdu and Munna sons of Sachchu, Plot. No. 373mi Area 0.0130 Hectare Nandlal son of Ramnath, Plot. No. 373mi Area 0.0130 Hectare Pancham son of Tulsi, Plot. No. 373mi Area 0.0130 Hectare Chhabinath and Ramkishun sons of Bachau and Mallo Devi wife of Bachau, Plot. No. 373mi Area 0.0190 Hectare Babunandan and Shivdas and Haridas sons of Bhagelu, Plot. No.373bh. area 0.0130ha. Kallo Devi wife of Baijnath and Bechan son Baijnath and Arazi No. 373 Mi. Area 0.0170 Hectare Moose son of Pannar, Arazi No. 373m. Area 0.0190 hectare Ramchandra and Lallan and Lalman Sons Jholai and Sukhiya Devi wife of Chotai, Plot No. 373 Mr. Area 0.0130 hectare Ramdulare and Ramdhani sons Sukhai, Plot No.373 mi area 0.0130 hectare Amrit Lal Bharti and Shravan Kumar Sons Ramasare and Pyari Devi, wife of Ramasare and Smt. Ramdei Wife Late Lokai, Plot No. 373 Mi. Area 0.0130 Hectare, Salik son Buddha's name is recorded in the transferable landholder's account. 12. That the deponent respectfully submits that all the cultivators of Arazi No. 373 are landholders with transferable rights and the cultivators of Arazi No. 212 are landholders with transferable rights and Arazi No. 212 is land measuring 0.0310 hectares, which is listed in the barren category 5-3 (D) / other cultivable barren land, which was found in the shape of a road on the spot, which is being used by the villagers as a road for the CAPL No. 5090 of 2024 4 past several years. Arazi No. 212m area measuring 0.0310 hectares, which is barren land, was found on the spot where no encroachment of any kind was found. A true Photostat copy of Spot Memo, Najari Naksha, Site Photographs and Khatauni are being filed herewith and marked as Annexure No. 1 to this affidavit. 13. That the deponent further submits that in the above case, Case No. 443/2023 (Rajendra Prasad Singh vs. Ramchandra Singh) is pending in the Court of Civil Judge (Judiciary), Chunar, Mirzapur, in respect of which a status quo order has been passed by the Court. The next date for hearing is 01.10.2026. 14. That in view of the aforesaid facts and circumstances, the order dated 19.04.2024 passed in Public Interest Litigation (PIL) No. 83 of 2024 (Bijendra Bahadur Singh vs. State of U.P. and 6 others) as well as order passed in the present contempt proceedings has not been disobeyed or violated by the deponent. 15. That the deponent respectfully submits that he has been transferred from the post of Sub Divisional Officer, Tehsil Chunar, District Mirzapur on 14.07.2026 and now took charge as Sub Divisional Officer, Tehsil Mugalsarai, District Chandauli. 16. That the deponent most respectfully submits that after receiving the information/notice from Chief Judicial Magistrate, Mirzapur, the deponent appeared on 22.09.2026 before him and submitted his undertaking that he will appear before the Hon'ble High Court on the date fixed i.e. 23.09.2026 and after making all formalities, he got bail on 22.09.2026. A true Photostat copy of the bail order dated 22.09.2026 is being filed herewith and marked as Annexure-A-3 to this affidavit." 4. As per the affidavit already proceedings are pending in Case No. 443 of 2023 before the Court of Civil Judge (Judiciary) Chunar, Mirzapur in which status quo order has been passed with respect to the same land. 5. In view of the same, there happens to be Substantial compliance of the order. Accordingly, the contempt application is consigned to record, leaving it open for the applicant to again approach as and when the occasion arises. 6. The personal appearance of opposite party no. 1 who has been identified by Sri Brijesh Kumar, is exempted. September 23, 2026 Ashu CAPL No. 5090 of 2024 5 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad