Dismissed

Vindhyachal Yadav and 5 Others v. Ravendra Singh, S.D.O.

Allahabad HC19 Oct 2022CAPL/1257/2020

Case brief

AI extract

What is this about?

In this contempt application, the applicant alleged violation of a Writ Court order directing removal of encroachment. The Court noted the initial order was complied with in 2020. Ruling that no prima facie case for contempt existed as the specific impugned order was fulfilled, the application was dismissed.

What did the court decide?

Contempt application dismissed; contempt notice discharged.

Vindhyachal Yadav and 5 Others Vs Ravendra Singh, S.D.O. — Contempt of Court | Allahabad HC (2022)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1257 of 2020 Applicant :- Vindhyachal Yadav And 5 Others Opposite Party :- Ravendra Singh, S.D.O. Counsel for Applicant :- S.M. Mishra

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the applicant and Sri Ajit Kumar Singh, learned Standing Counsel for the State.

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It is contended by learned counsel for the applicant that order under Section 67 of the U.P. Revenue Code, 2006 was passed on 21.01.2019. When the encroachments were not removed by the State and District Administration, the applicant filed a Public Interest Litigation wherein the writ Court on 14.02.2019 directed the opposite party to get the encroachment removed pursuant to which the order of the writ Court was complied with on 29.06.2020 an the encroachment was removed in presence of revenue officials and the Gram Pradhan. A spot memo was prepared and signed by concerned officials, a copy of which has been brought on record as Annexure 1 to the affidavit of compliance.

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A reply to the said affidavit of compliance has been filed and learned counsel for the applicant states that thereafter again encroachments have been made and a report has been submitted by Lekhpal in the year 2021 regarding encroachment so made.

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This Court finds that the order of the writ Court of the year 2019 was immediately attended and complied with by the authorities for which an affidavit has been filed. Further, according to the applicant itself, the order was again violated in the year 2021.

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This Court while exercising power under Section12 of the Contempt of Courts Act has to see as to whether the order of the writ Court has been complied with or not. As the order of writ Court dated 14.02.2019 has been complied with by the District Administration on 29.06.2020, no case for contempt is made out.

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Contempt application is misconceived and is hereby dismissed.

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Contempt notice stands discharged.

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Order Date :- 19.10.2022 Kushal

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Digitally signed by KUSHAL AGRAWAL Date: 2022.10.19 13:37:53 IST Reason: Location: High Court of Judicature at Allahabad

Vindhyachal Yadav and 5 Others v. Ravendra Singh, S.D.O.

Case brief

What is this about?

What did the court decide?

Vindhyachal Yadav and 5 Others v. Ravendra Singh, S.D.O.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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