In this contempt application, the High Court held that since the underlying public interest litigation was dismissed by the writ court after notices were issued, no case for contempt was made out. The application was dismissed as misconceived.
The contempt application was dismissed as it was misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:178870
Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2912 of 2023 Applicant :- Aslam Opposite Party :- Nausad Ahmad And 2 Others Counsel for Applicant :- Rajesh Kumar Patel,Subedar Counsel for Opposite Party :- Anil Kumar Mishra
Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 01.02.2023 in Public Interest Litigation (PIL) No. 156 of 2023 had passed the following order:-
"Learned counsel for the petitioner states that the Revenue Authorities under section 38 of the U.P. Revenue Code, 2006 could not have changed the entry from graveyard to Usar. Learned counsel for the petitioner states that the change which has been brought about was not one which was for the rectification of a clerical error. There are graveyards existing on the spot and this ought to have been seen by the Revenue Authorities.
Matter requires consideration.
Learned Standing Counsel appears for respondent nos.1 to 4. Sri Bhupendra Kumar Tripathi appears for respondent no.5. Issue notice to respondent nos.6 to 8 by registered post. Steps be taken within ten days.
Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition on the date fixed in the notice.
Till the next date of listing, no third party right shall be created."
From the perusal of the aforesaid order, it transpires that the Court had granted interim relief to the applicant that till the next date of listing, no third party right shall be created over the land in dispute.
The present contempt application has been filed by the applicant wherein notices were issued to the opposite party.
Affidavit of compliance has been filed on behalf of the opposite party bringing on record the final order passed in PIL No.156 of 2023 dated 11.07.2023, whereby the PIL filed by the applicant was dismissed.
As the PIL has already been dismissed by the writ Court, no case for contempt is made out.
Contempt application is misconceived and the same stands dismissed.
Order Date :- 15.9.2023 // SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a case for contempt is made out where the underlying public interest litigation has been dismissed by the writ court after notices were issued to the opposite party in a contempt application.
Whether the contempt application is misconceived in these circumstances.
Aslam
Nausad Ahmad
Rohit Ranjan Agarwal
Shivakant Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
