Basruddin Siddiqui vs Sumit Singh,Assistant Collecter
2023 Latest Caselaw 14893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102109
 
Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6251 of 2022
 

 
Applicant :- Basruddin Siddiqui
 
Opposite Party :- Sumit Singh,Assistant Collecter
 
Counsel for Applicant :- Upendra Kumar Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The writ Court on 1.12.2021 in Public Interest Litigation No. 1864 of 2021 passed the following order;

"This writ petition has been filed with a prayer that the encroachments made by the respondents no. 6 and 7 be removed from over Khata No. 0.01005 Arazi No. 464 situated at Village Pipra Kanak Boda Tola Tappa Bhathahi Badurao, Tehsil Tamkuhiraj, District - Kushinagar.

Learned Counsel appearing for the respondents no. 6 and 7 Sri Dharmendra Kumar Singh, however, states that there was no encroachment made by the contesting respondents.

However, the learned Standing Counsel submits that six cases had been filed for the removal of the encroachments from over the plots in dispute being case nos. T202105440305555, T202105440305558, T202105440305559, T202105440305560, T202105440305553 and T20210544030555805.

Under such circumstances, no interference is warranted in this writ petition.

However, it is being directed that that the cases which have been filed by the Gaon Sabha may be decided within a period of 90 days from the date of presentation of a certified copy of this order.

With these observations, the writ petition is disposed of."

From perusal of the affidavit filed to the contempt application, this Court finds that no disclosure of credentials of the applicant has been given and it is only alleged that the applicant is resident of the village concerned. The PIL has not been filed by the Land Management Committee nor any proceedings had been initiated at the behest of Pradhan or Land Management Committee of the village concerned.

In view of the judgment of Apex Court in case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors., 2010 AIR SCW 1029, present contempt proceedings are not maintainable.

Dismissed, accordingly.

Order Date :- 11.5.2023

Shekhar