Shitla Prashad vs Kuldeep Singh, S.D.M., Tehsil ...
2023 Latest Caselaw 13294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1204 of 2023
 

 
Applicant :- Shitla Prashad
 
Opposite Party :- Kuldeep Singh, S.D.M., Tehsil Sadar, Gonda
 
Counsel for Applicant :- Rajendra Prasad Yadav
 

 
Hon'ble Abdul Moin,J.

Heard.

Instant contempt petition has been filed alleging non-compliance of the judgment and order dated 05.07.2022 passed in Public Interest Litigation No.248 of 2022. By the said order, the writ Court had considered the instructions which had been received that action has already been taken against the encroachers and the matter is sub-judice before the Tehsildar Nyayik, Gonda and consequently disposed of the writ petition on the basis of instructions received by the learned Additional Chief Standing Counsel that action has been taken against the encroachers under Section 67 of the U.P. Revenue Code, 2006.

The contempt petition has been filed alleging that no action has been taken against the encroachers.

A perusal of the order passed by the writ Court indicates that no direction has been issued by the writ Court requiring the authorities to remove the encroachment rather it is only the instructions which have been considered and the writ petition had been disposed of. As no direction has been issued by the writ Court it cannot be said that the respondents have violated any part of the order passed by the writ Court.

Considering the aforesaid, the contempt petition is dismissed.

Order Date :- 27.4.2023

A. Katiyar