Allahabad High Court
Shyam Lal And Another vs Sri Brajesh Chandra Tiwari Inspector ... on 15 May, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:37220
Court No. - 8
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1564 of 2024
Applicant :- Shyam Lal And Another
Opposite Party :- Sri Brajesh Chandra Tiwari Inspector Sho P.S-Pgi Lko And Another
Counsel for Applicant :- Ajay Pratap Singh
Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and learned Standing Counsel.
2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 13.09.2022 passed on Writ-C No. 6047 of 2022.
3. On 3rd May, 2024, following order was passed.
"1. Heard learned counsel for the applicants.
2. The present application has been filed with the prayer to summon and prosecute the opposite parties for wilfully and deliberately flouting the order dated 13.09.2022 passed by the Writ Court in Writ-C No.6047 of 2022; Shyam Lal and Another Vs. State of U.P. through Principal Secretary Home Dept. and Ors.
3. Learned counsel for the applicants submits that proceeding under Section 24 of U.P. Revenue Code, 2006 related to the Gata No.1071 area ad-measuring 0.231 hectares, situated in Village- Haibatmau, Mawaiya, Pargna Bijnaur, Tehsil- Sarojini Nagar, District- Lucknow was concluded by Sub-Divisional Officer, Sarojini Nagar, Lucknow and Case No.T202210460507748; Shyam Lal and Ors. Vs. State of U.P. which was decided on 12.09.2022 and the possession was also handed over by putting the stones, and thereafter, appeal was filed by Sharda Prasad which was registered as Case No.C2022100000001925; Sharda Prasad Vs. Shyam Lal and Ors. which was dismissed on 17.07.023 but the opposite parties came on the spot and directed to stop the work over the plot in question.
4. In pursuance of earlier order, written instruction duly signed by opposite party no.1, namely, Shri Brijesh Chandra Tiwari, Inspector, Station House Officer, P.S.-PGI, District- Lucknow has been placed before this Court which is taken on record.
5. It is informed that order dated 04.01.2024 passed in Case No.C202210460522372, Sharda Prasad Vs. Ram Lal and Ors. passed by Sub-Divisional Officer, Sarojini Nagar, Lucknow under Section 24 of U.P. Revenue Code, 2006 was challenged before the Additional Commissioner, Admin, Lucknow Division, Lucknow as Case No.C202410000000178, Ram Lal and Another Vs. Sharda Prasad and Ors. related to the demarcation of Gata No.1074. In the para no.13 of the written instruction, it is already mentioned that on 15.03.2024, revenue team came to the police station and requested for deployment of the Court for proceeding then he went on the spot along with other police officials for demarcation of Gata Nos.1071 and 1074.
6. List this case on 15.05.2024 at 11:30 AM.
7. On the next date, opposite party nos.1 and 2 shall appear in person before this Court and explain that under what circumstances, the applicant was restrained from working over the Gata No.1071.
8. Tehsildar, Sarojini Nagar shall also appear in person before this Court and inform, as to whether, any demarcation proceeding was done on 15.03.2024 related to the Gata no.1071 sitatued in Village- Haibatmau, Mawaiya, Pargna Bijnaur, Tehsil- Sarojini Nagar, District- Lucknow."
4. In pursuance of the aforesaid order, written instructions duly signed by Ms. Akriti Srivastava, Tehsildar, Sarojini Nagar, Lucknow have been placed by Shri Mohit Jauhari, learned Standing Counsel, which are taken on record.
Mr. Brajesh Chandra Tiwari, S.H.O. and Mr. Govind Ojha, Sub-Inspector, P.S. PGI, District Lucknow are also present before this Court in pursuance of the aforesaid order.
5. It is informed that one application related to Plot No. 1074 was moved by Sharda Prasad s/o Late Jagannath, r/o 167 Kasif Ali Saray, Unnao against the applicants before Sub Divisional Magistrate, Lucknow, which was registered as Case No. 22372 of 2022, in which, order for demarcation was passed on 04.01.2024. Against the said order, the applicants moved appeal before the Additional Commissioner, Lucknow bearing No. 178 of 2024, in which, order for maintaining status quo was passed on 29.01.2024.
6. Submission of the learned counsel for the applicants is that even then constructions are being raised with the intention to encroach the land of the applicants. He also prays for constituting a Revenue Team for restraining the illegal construction and illegal possession over the said plot.
7. However, Tehsildar, Sarojini Nagar, Lucknow categorically admits that demarcation proceeding has already been concluded in relation to plot no. 1071 and the pillars have also been erected on the said plot. She also states that appeal filed against the final order passed in proceedings under Section 24 of the Revenue Code, 2006, has also been dismissed. It is also stated by the Tehsildar, Sarojini Nagar that no interference is being made either by the Revenue authorities or by the police personnel over plot no. 1071.
8. In view of above facts and going through the contents of the written instructions as well as statement of Tehsildar, Sarojini Nagar and S.H.O., P.S. PGI that no interference is being made over plot no. 1071 situated in Village Haibat Mau Mawaiya, Tehsil Sarojini Nagar, District Lucknow, the contempt application stands dismissed.
Order Date :- 15.5.2024
VKS
