This court dismissed a contempt application alleging wilful disobedience of a 2007 order. It held that constructing a boundary wall did not alter the nature of the disputed land, thus finding no disobedience.
Contempt application dismissed; applicant directed to exercise any other remedy available in law.
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Neutral Citation No. - 2024:AHC:138485
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5560 of 2024
Applicant :- Rajpal Opposite Party :- Tarun Gaba, Police Commissioner And 2 Others Counsel for Applicant :- Mani Shanker Pandey
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 14.2.2007 passed by this Court in Civil Misc. Writ Petition No. 7946 of 2007.
Vide its order dated 14.2.2007, this Court had restrained the parties from changing the nature of land in dispute.
It has been stated in the affidavit filed in support of the contempt application that the opposite party No. 3 has constructed a boundary wall over the disputed land.
The construction of the boundary wall does not change the nature of the disputed land.
The pleadings do not indicate any willful disobedience of the order of the writ Court.
The contempt application is dismissed.
The applicant may exercise any other remedy available to him in law.
Order Date :- 29.8.2024
Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the construction of a boundary wall by the opposite party constitutes willful disobedience of an order restraining change in the nature of land.
Whether the applicant's remedy is barred by the doctrine of res judicata or laches.
Rajpal
Tarun Gaba
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
