Sri. Anil Kumar Shukla vs Umakant Pandey District ...
2023 Latest Caselaw 7391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2661 of 2022
 
Applicant :- Sri. Anil Kumar Shukla
 
Opposite Party :- Umakant Pandey District Panchayat Raj Officer, Bahraich
 
Counsel for Applicant :- Mahesh Kumar
 

 
Hon'ble Abdul Moin,J.

Heard.

Instant contempt application has been filed alleging non compliance of the judgment and order dated 09.05.2022 passed by the Division Bench of this Court in Public Interest Litigation No. 233 of 2022 Inre; Anil Kumar Shukla Vs. State of U.P and Ors.

By the said order, the District Panchayar Raj Officer, Bahraich was required to do the needful so that Kharanja road becomes usable by the pedestrian and other vehicles. Admittedly, the road has been constructed by the Zila Panchayat, Bahraich and consequently, the District Panchayat Raj Officer, Bahraich would have no role in the matter.

Learned Standing counsel states that as per the instructions received from District Panchayat Raj Officer, Bahraich dated 14.12.2022 as he has got no role in the matter consequently, he is unable to do anything in the matter.

Once admittedly, the road having been constructed by the Zila Panchayat, Bahraich as such, the District Panchayat Raj Officer, Bahraich would have no role in the matter. Consequently, the contempt application is rejected leaving it open to the applicant to file an appropriate application for clarification/modification of the order passed by the writ Court. It would also be open for the applicant to file a fresh contempt application in case any fresh cause of action arises.

Order Date :- 14.3.2023

Pachhere/-