Swarnesh Gupta And Another vs Prathmesh Kumar, V.C. Of Lucknow ...
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Allahabad High Court

Swarnesh Gupta And Another vs Prathmesh Kumar, V.C. Of Lucknow ... on 31 July, 2025

Author: Rajeev Singh

Bench: Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:44509
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 301 of 2025
 
Applicant :- Swarnesh Gupta And Another
 
Opposite Party :- Prathmesh Kumar, V.C. Of Lucknow Development Authority, Lucknow And 2 Others
 
Counsel for Applicant :- Arvind Kumar Jauhari,Ashuja Gupta
 
Counsel for Opposite Party :- Ratnesh Chandra
 

 
Hon'ble Rajeev Singh,J.
 

1. On 21.07.2025 and 29.07.2025, following orders were passed:

Order dated 21.07.2025

"1. On 10.07.2025 following order was passed :

"1. The present contempt application is filed with the following prayer :

"It is most respectfully prayed that the opposite parties may kindly be punished under Section 10 of the Contempt of Courts Act, 1971 for flouting the order dated 25.05.1993 passed in Case no.358 of 1983, Devesh Gupta and other versus Lucknow Development Authority and others passed by the then learned III Additional Munsif, Lucknow, contained in Annexure No.2."

2. On 11.02.2025, copy of the contempt application was provided to Sri Ratnesh Chandra as a special counsel appearing for Lucknow Development Authority, Lucknow for seeking instruction and the matter was posted on 24.02.2025. On 24.02.2025, following order was passed :

"Learned counsel for the respondent submits that against the order passed in Regular Suit No.358 of 1983 (Devesh Gupta and Another Vs. Lucknow Development Authority and Another) by 3rd Additional Munsif, Lucknow, the appeal has been filed by the respondents.

Let the affidavit to this effect be filed by the learned counsel for the respondent within a week.

List after one week in terms of previous order passed by this Court."

3. Thereafter, matter was heard on 29.04.2025 and it was informed that the order passed by learned court below is under challenge before the appellate court i.e. District Judge, Lucknow. The order dated 29.04.2025, following order was passed :

"1. Learned counsel for the applicant submits that Regular Suit No.358 of 1983 was allowed after hearing the parties and it was decreed in favour of the plaintiff. He also submits that respondent officers acted in violation of the judgment & order passed by the learned court below and demolished the boundary wall as well as part of the building on 19.12.2024, then present contempt application is filed.

2. Learned counsel for the respondent informs that application for dismissal of contempt proceeding and discharge of notice was filed, which is listed tomorrow, same is called from the Registry and taken on record.

3. Learned counsel for the respondent submits that against the order passed by the learned court below dated 25.5.1993, Civil Appeal has been preferred alongwith application under Section 5 of the Limitation Act and same has already been registered as Misc. Case No.110 of 2025 before the District Judge, Lucknow and listed on 3.5.2025.

4. List this case on 9.5.2025 at 11:30 A.M.

5. By the next date of listing, complete relevant record related to the demolition of alleged part of wall as well as part of building be placed before this Court by an officer not below the rank of Joint Secretary of Lucknow Development Authority."

4. Thereafter, again on 09.05.2025 following order was passed :

"1. On 29.04.2025, following order was passed.

"1. Learned counsel for the applicant submits that Regular Suit No.358 of 1983 was allowed after hearing the parties and it was decreed in favour of the plaintiff. He also submits that respondent officers acted in violation of the judgment & order passed by the learned court below and demolished the boundary wall as well as part of the building on 19.12.2024, then present contempt application is filed.

2. Learned counsel for the respondent informs that application for dismissal of contempt proceeding and discharge of notice was filed, which is listed tomorrow, same is called from the Registry and taken on record.

3. Learned counsel for the respondent submits that against the order passed by the learned court below dated 25.5.1993, Civil Appeal has been preferred alongwith application under Section 5 of the Limitation Act and same has already been registered as Misc. Case No.110 of 2025 before the District Judge, Lucknow and listed on 3.5.2025.

4. List this case on 9.5.2025 at 11:30 A.M.

5. By the next date of listing, complete relevant record related to the demolishion of alleged part of wall as well as part of building be placed before this Court by an officer not below the rank of Joint Secretary of Lucknow Development Authority."

2. Shri Ratnesh Chandra, learned counsel appearing for the respondent informs that due to his personal reasons, he could not procure complete record and prays that the matter may be listed after two days, within which time, he will ensure the compliance of the order of this Court.

3. List this case on 14.05.2025 at 11.30 a.m. in terms of the earlier order dated 29.04.2025."

5. The matter was listed again on 14.05.2025 and on the said date Sri Sushil Pratap Singh, Joint Secretary, Lucknow Development Authority, Lucknow before this Court and the matter was directed to be listed on 27.05.2025. The order dated 27.05.2025 is reproduced here-in-under :

"1. The present contempt application is filed with the following prayer :

"It is most respectfully prayed that the opposite parties may kindly be punished under Section 10 of the Contempt of Courts Act, 1971 for flouting the order dated 25.05.1993 passed in Case no.358 of 1983, Devesh Gupta and other versus Lucknow Development Authority and others passed by the then learned III Additional Munsif, Lucknow, contained in Annexure No.2."

2. Sri Ratnesh Chandra, learned counsel appearing for Lucknow Development Authority filed an application for dismissal of contempt application along with an affidavit of Sri Virag Karvariya, Tehsildar, Lucknow Development Authority, Lucknow/respondent no.3 today, which is taken on record. The respondent no.3 is also present before this Court.

3. Learned counsel for the applicants submitted that a suit for permanent injunction bearing Suit No.358 of 1983 (Devesh Gupta and others Vs. Lucknow Development Authority, Lucknow and others) was filed by the applicants before the court of learned III Additional Munsif, Lucknow. Notices were issued to the opposite parties i.e. Lucknow Development Authorities and others and thereafter vide judgment and order dated 25.05.1993 the said suit was decreed. The learned court below granted permanent injunction restraining the officers/officials, employees and agents of the respondents-Lucknow Development Authority, Lucknow not to interfere in the boundary wall of the applicants and they were also restrained from demolition of the same. Learned counsel for the applicants further submitted that on 19.12.2024, the boundary wall of the applicants was demolished completely by the respondents authority despite the decree passed by the competent court in favour of the applicants, which was also shown to the officers/officials of the Lucknow Development Authority, Lucknow who came on the spot therefore, the respondents authority violated the judgement and decree passed by the competent court i.e. III Additional Munsif, Lucknow. He thus prayed that the respondents authority be summoned and punished accordingly.

4. Sri Ratnesh Chandra appearing for respondents submitted that the court of III Additional Munsif, Lucknow, who has decreed the aforesaid suit filed by the applicants, is not a competent court but, he is unable to show the relevant facts which are being raised at this stage as all those facts were not placed before the court below. He also submitted that now an appeal has been preferred before the competent court in which delay has already been condoned on 26.05.2025 but, till date, there is no interim order has been passed by the appellate court. He also informed that the aforesaid appeal is listed on 03.07.2025 for admission. Sri Ratnesh Chandra further submitted that the description of the boundary wall has not been properly mentioned in the suit filed for permanent injunction by the applicants but he does not dispute this fact that the judgement and decree has been passed by III Additional Munsif, Lucknow in which Lucknow Development Authority, Lucknow and others were also parties and they contested the suit by filing their written statements.

5. Issue notice to respondent nos.1 and 2.

6. List this case on 10.07.2025 within top ten cases. By the next date of listing, respondent no.1 directed to file affidavit of compliance. The officer, who is present today before this Court, need not appear on the next date."

6. On 27.05.2025, on the request of learned counsel for respondent, the matter was directed to be listed on 10.07.2025 within top ten cases and respondent no.1 directed to file affidavit of compliance but, till today, neither neither affidavit of compliance is filed nor any stay order of the appellate court is placed before this Court.

7. Sri Ratnesh Chandra, learned appearing for respondent requested for some time.

8. List this case on 21.07.2025. By the next date of listing, respondent no.1 directed to file affidavit of compliance, failing which he shall appear before this Court for the purposes of framing of charge."

2. Sri Ratnesh Chandra, learned counsel appearing for Lucknow Development Authority, Lucknow filed an application for dismissal of the contempt application and discharge of notices along with affidavit of compliance duly sworn by Sri Prathmesh Kumar, Vice Chairman, Lucknow Development Authority, Lucknow. The same is taken on record.

3. Learned counsel for the applicants requested for sometime to file reply to the affidavit of compliance.

4. List this case on 29.07.2025 at 11.30 AM. "

Order dated 29.07.2025

"1. Rejoinder affidavit in reply to the objection on behalf of opposite parties, filed by learned counsel for the applicants is taken on record.

2. Shri Ratnesh Chandra, learned counsel for the opposite parties informed that boundary wall which was broken, has already been re-constructed and handed over to the applicant.

3. List this case on 30.07.2025 at 11:30 AM.

4. On the next date, some responsible Officer of Lucknow Development Authority, Lucknow shall appear in person before this Court along with the compete record related to the issue in question. "

2. In compliance of the earlier order, relevant record has been placed before this Court by Shri Hemchandra Tiwari, Consolidation Officer, Lucknow Development Authority, Lucknow (for short "LDA, Lucknow").

3. The record reveals that certain emails were received in the Office of LDA, Lucknow in the month of April, 2024 by one Ms. Amita Saxena with a request for allotment of undisputed land which is at the back of HIG No.2216. No order of the competent authority is available in the paper-book, by which, wall in question was demolished on 19.12.2024. The record further reveals that after filing of the contempt application, the decree passed by the Subordinate Court came into the notice of the Officers of LDA,Lucknowbut the said decree was passed after hearing the officials of LDA,Lucknow.

4. At this stage, Shri Ratnesh Chandra, learned counsel for opposite parties informed that demolished wall has already been re-constructed and the decree in question is already under challenge in an appeal filed before the Appellate Court, in which, stay order has been passed on 25.07.2025.

5. Considering the submissions of leaned counsel for the opposite parties and going through the contents of record placed before this Court, it is an undisputed fact that the wall, which was demolishedon 19.12.2024, has already been re-constructed. It is also evident that the decree in question is under challenge before the Appellate Court, in which, stay order has been passed on 25.07.2025.

6. In view of the above, the present application is disposed of with the observation that till the disposal of appeal, Officers of LDA, Lucknowshall not interference in the peaceful possession of the applicants and alsoensure the compliance of judgment and order dated 25.05.1993 passed by the trial court in Suit No.358 of 1983 (Devesh Gupta and Ors. Vs. Lucknow Development Authority and Ors.).

Order Date :- 31.7.2025

V. Sinha