Dismissed

Praveen Kumar Dubey v. Niteesh Kumar District Magistrate Ayodhya and Others

Allahabad HC5 Apr 2024/1452/2024

Case brief

AI extract

What is this about?

In a contempt application, the applicant sought summoning of opposite parties for alleged failure to comply with a judgment in PIL No.1094 of 2023 regarding illegal construction and encroachment on reserved land. The court examined the original writ order and found it only directed plan sanctions without verification, granting no direction for encroachment removal. The application was dismissed as

What did the court decide?

The present contempt application was dismissed with liberty to the applicant to take appropriate remedy in accordance with law.

Praveen Kumar Dubey Vs Niteesh Kumar District Magistrate… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27897

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Court No. - 8

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1452 of 2024

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Applicant :- Praveen Kumar Dubey Opposite Party :- Niteesh Kumar District Magistrate Ayodhya And Others

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Counsel for Applicant :- Dinesh Kumar Mishra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant.

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The present application has been filed with the prayer to summon the opposite parties for non-compliance of judgment and order dated 24.11.2023 passed in PIL No.1094 of 2023; Praveen Kumar Dubey Vs. Union of India and Ors.

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Learned counsel for the applicant submits that the PIL No.1094 of 2023; Praveen Kumar Dubey Vs. Union of India and Ors. was filed by the applicant with the request to issue a writ, order or direction in the nature of mandamus commanding the State Government to constitute a committee and conduct inquiry against the person/employee of Revenue Department Ayodhya, Ayodhya Development Authority involved in the illegal construction and sanction of map over the land in question which is reserved under the provisions of Manoeuvres, Field Firing and Artillery Practice Act, 1938 and also requested that a direction may also be issued for the removal of illegal encroachment over the aforesaid land ad-measuring 13391 acres. He further submits that the PIL was disposed of on 24.11.2023, thereafter, a committee was constituted by the District Magistrate concerned in pursuance of the said order. He further submits that Lieutenant Colonel, Station Staff Officer, Station Head Quarters, Ayodhya Cantt., Ayodhya was also informed and the Sub-Divisional Magistrate, Sadar was nominated as Officer for removal of the encroachment but no action has been taken by the Authority as they are deliberately flouting the order passed by the Writ Court.

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Considering the submissions advanced on behalf of learned counsel for the applicant, going through the contents of application, order of Writ Court dated 24.11.2023 as well as other relevant documents, it is evident from the order dated 24.11.2023 passed in PIL No.1094/2023 (supra), no such direction was given by the Writ Court to the Authorities for removal of the encroachment proceeding and only the direction

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was given to the Ayodhya Development Authority, Ayodhya that it will not sanction plans without due verification of the title of the land, therefore, the contempt application is misconceived and liable to be dismissed.

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Accordingly, the present contempt application is, hereby, dismissed with liberty to the applicant to take appropriate remedy in accordance with law.

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Order Date :- 5.4.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Praveen Kumar Dubey v. Niteesh Kumar District Magistrate Ayodhya and Others

Case brief

What is this about?

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Praveen Kumar Dubey v. Niteesh Kumar District Magistrate Ayodhya and Others

Case brief

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