Dismissed

Sudhansh Kumar Rastogi v. Shiv Shanker Mahadevan SHO P.S.Alambagh Lko. and 7 Others

Allahabad HC5 Jul 2024CAPL/2559/2024

Case brief

AI extract

What is this about?

Contempt application against SHO for alleged disobedience of a 2004 Magistrate order on land possession. The khatauni was not annexed and the rival claimants were family members recorded therein; the 145/146 proceedings could not be treated as an undertaking to the court. Contempt application dismissed as misconceived.

What the court decided

AI extract

Sudhansh Kumar Rastogi vs Shiv Shanker Mahadevan SHO… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45864

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2559 of 2024

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Applicant :- Sudhansh Kumar Rastogi Opposite Party :- Shiv Shanker Mahadevan Sho P.S.Alambagh Lko. And 7 Others Counsel for Applicant :- In Person

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Hon'ble Rajeev Singh,J.

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Heard Shri Sudhansh Kumar Rastogi (applicant) in person.

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By means of the instant contempt application, the applicant has sought following reliefs:-

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"To give direction to S.H.O. P.S-Alambagh, Lucknow to stop illegal activities/operations of trespassers as per order dated 25.04.2004 for the land no.327, Harchandpur, Garikanura, P.S.Alambbagh, Lucknow, which has also been held by this Hon'ble Court by order dated 08.08.2019 in W.P. (M.B) 5892 of 2014(Kamla Rastogi Vs. State of U.P &Ors) and Cr. Misc. W.P.No. 7520 of 2023 (Sudhansh Kumar Rastogi & Ors Vs. State of U.P. &Ors.)"

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The applicant submits that his father filed one Case No. 09 of 2004 under Sections 145, 146 Cr.P.C. before the competent authority, in which, report was submitted by the then police officer, by which, it was reported that recorded tenure holder is in possession over the property in question. He further submits that at this juncture, Rakesh Rastogi, Nikhil Rastogi, Deep Rastogi and Rajeev Rastogi are trying to grab the property in question. He further submits that as per the order of the then City Magistrate, Lucknow dated 25.08.2004, proceeding under Sections 145, 146 Cr.P.C. was rejected with the observation that recorded tenure holders are in possession over the property in question. Later on, respondent nos.3 to 8 started encroachment over the property, then he filed Criminal Misc. Writ Petition No. 7520 of 2023 before this Court and prayed that the aforesaid persons may be restrained from interfering in his peaceful possession over gata no. 327, Harchandpur, Gadhi Kanaura, Tehsil- Sadar, Lucknow, and further prayed that contempt proceeding be initiated against the Station House Officer, Police Station- Alambagh, Lucknow for willful disobedience of the order dated 25.08.2004. It is further submitted that the said petition was dismissed with the

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observation that the applicant may approach to the contempt court in accordance with law, hence, the respondent may be summoned and punished accordingly for willful disobedience of order dated 25.08.2004 passed by the then Additional City Magistrate.

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Considering the contents of the contempt application as well as other relevant documents, it is evident that khatauni of the aforesaid gata is not annexed and the applicant admitted that aforesaid persons belong to same family tree and their names are in khatauni . As per the report given by the then Sub Inspector, the proceedings under Sections 145, 146 Cr.P.C. cannot be treated as undertaking before the Court.

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Subject to above, the contempt application is misconceived and accordingly stands dismissed .

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However, it is open to the applicant to take appropriate remedy before the appropriate forum.

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Order Date :- 5.7.2024 Arpan

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

Sudhansh Kumar Rastogi v. Shiv Shanker Mahadevan SHO P.S.Alambagh Lko. and 7 Others

Case brief

What is this about?

What the court decided

Sudhansh Kumar Rastogi v. Shiv Shanker Mahadevan SHO P.S.Alambagh Lko. and 7 Others

Case brief

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What the court decided

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