Allahabad High Court
Yogendra Pratap Pandey vs Gunjan Dwivedi,Joint ... on 8 July, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3650 of 2022
Applicant :- Yogendra Pratap Pandey
Opposite Party :- Gunjan Dwivedi,Joint Magistrateand 4 Others
Counsel for Applicant :- Kaushal Kishore Mani,Sachida Nand Tiwari
Hon'ble Rohit Ranjan Agarwal,J.
This contempt application has been filed for punishing the opposite party for violating the order dated 04.05.2022 passed in Writ-C No.12324 of 2022.
On 04.05.2022, the writ Court had passed the following order:-
"Be that as it may be, since the factual issues have been sought to be argued by learned counsel for the parties, and this Court under Article 226 of the Constitution cannot make a roving enquiry in the facts of the case. Thus petitioner is at liberty to approach Respondent no.3 raising all its grievance before it and Respondent no.3 after receipt of the complaint/ representation so preferred by the petitioner, shall call the reports of the competent authority and proceed to decide the same in the light of the judgment/ decree dated 30.5.1994 passed by the Court of Eight Additional Munsif Magistrate, Deoria as well as report of Halka Lekhpal dated 16/17.3.2022 (Annexure-5 to the writ petition) strictly in accordance with law preferably within a period of 15 days from the date of production of certified copy of the order.
Needless to point out that it is always open for the petitioner to file an objection to the report dated 16/17.3.2022 of the Halka Lekhpal, which shall be considered in accordance with law.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observations, the writ petition is disposed of."
According to learned counsel for the applicant, the opposite parties were bound to carry out the directions of the writ Court and decide the representation before proceeding to demolish the structure standing over the land in dispute. He has relied upon the judgment and decree dated 30.05.1994 passed by VIIIth Additional Munsif Magistrate, Deoria.
Learned counsel for the applicnt further contends that the demolition has been carried out on 20th June, 2022 and the objections were not decided. He further contends that the order of the Sub-Divisional Magistrate dated 10.06.2022 was served after the demolition was carried out.
I have heard counsel for the applicant and perused the material on record.
The writ Court, while declining to entertain the writ petition, had given liberty to the applicant to approach the opposite party for raising of grievance. The opposite party was required to call for report and after consideration of the judgment dated 30.05.1994 was to take a decision. Copy of the order passed by the opposite party on 10.06.2022 has been brought on record as Annexure 13, which is the order passed prior to the demolition which was carried out on 20.06.2022.
I find no illegality in the action of the opposite party and sufficient compliance of the order of the writ Court having been done by the opposite party.
No case for contempt is made out. Contempt application is dismissed, accordingly.
Order Date :- 8.7.2022
SK Goswami
