Pavan Kumar Singh And 8 Others vs Shri Sanjeev Khirwar Prin. Secy. ...
2023 Latest Caselaw 25039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59251
 
Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3015 of 2023
 

 
Applicant :- Pavan Kumar Singh And 8 Others
 
Opposite Party :- Shri Sanjeev Khirwar Prin. Secy. Forest Deptt. U.P. Civil Sectt. Lko. And 7 Others
 
Counsel for Applicant :- Vivek Tripathi
 

 
Hon'ble Rajesh Singh Chauhan,J.

1.Heard learned counsel for the applicant/petitioners.

2. This is a case where the applicant/petitioners have filed the contempt petition by submitting that the Forest Authorities are willingly and deliberately flouting the judgment and order dated 11.04.1966 passed by this Court in Writ Petition No.80 of 1959 (Harbans Narain and another Vs. State of U.P. and another).

3. Learned counsel for the applicant/petitioners has submitted that the petitioners or their ancestors were parties in the aforesaid writ petition inasmuch some more writ petitions were connected with Writ Petition No.80 of 1959.

4. On being confronted as to how the contempt is made out in the present case, the learned counsel for the applicant/petitioners has drawn attention of this Court towards Annexure No.13 to the contempt petition, which is copy of the order dated 11.08.2023 passed by the Consolidation Officer, Antim Abhilekh Dwitiya, Lakhimpur Kheri whereby various gata numbers, including gata number of the applicant/petitioners, have been excluded from the consolidation operation for the reason that all those gata numbers are Antim Abhilekh Dwitiyacovered under Section 4 of the Forest Act. It has been further submitted that under the garb of aforesaid order, the Forest Authorities are trying to take possession of the land of the present applicant/petitioners over which they have possession for the last couple of years.

5. Be that as it may, on the basis of aforesaid submission made by the learned counsel for the applicant/petitioners no order can be passed in the contempt jurisdiction, however, if the applicant/petitioners are aggrieved from any action on the part of Forest Authority or Revenue Authority, they may approach the appropriate competent authority, strictly in accordance with law.

6. Accordingly, the present contempt petition is hereby dismissed.

[Rajesh Singh Chauhan,J.]

Order Date :- 15.9.2023

MVS/-