Mangal Prasad vs Sri Guru Prasad Gupta ...
2014 Latest Caselaw 3059 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1326 of 2014
 

 
Applicant :- Mangal Prasad
 
Opposite Party :- Sri Guru Prasad Gupta Sub-Divisional Magistrate & Others
 
Counsel for Applicant :- Vijay Shankar Trivedi,Sandeep Kumar Srivastava
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Applicant alleges non-compliance of order dated 04.04.2014 passed in Writ Petition No.  7140 (M/B) of 2012 (Mangal Prasad Vs. State of U.P. and others), whereby the Division Bench while disposing of the writ petition directed the opposite parties not to dispossess the petitioner/applicant from his Bhumidhari Land on which he is a recorded tenure holder except after due acquisition in accordance with law.

Submission of learned counsel for the applicant is that copy of the order of writ Court was sent through registered post to Sub Divisional Magistrate, District Magistrate and Tehsildar, Tehsil-Fatehpur, Barabanki. Further submission of learned counsel for the applicant is that opposite parties no. 1 and 2 along with opposite parties no. 3 and 4 came on spot on 25.04.2014 at 11.00 a.m.  and after calling Gram Pradhan and Panchayat Secretary, started measuring chak road in the absence of applicant. On coming to know, applicant showed the order dated 04.04.2014 of this Court, despite the same, chak road was carved out on the bhumidhari land of the applicant.  Thereafter, applicant sent complaint to the District Magistrate through registered post on 28.04.2014.  As no action has been taken agianst the opposite parties,  therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 04.04.2014 of the writ Court. 

On due consideration,  prima facie, a case of willful disobedience of the order of writ Court is made out.  

Let notice be issued to opposite parties to appear before this Court on  12.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 04.04.2014 passed in Writ Petition No. 7140 (M/B) of 2012 (Mangal Prasad Vs. State of U.P. and others).

Order Date :- 14.7.2014

Tanveer/-