This court dismissed a contempt application alleging willful disobedience. The opposite party explained that the lease was cancelled because a road was constructed on the land, and the applicant failed to build within the time limit, providing an alternative remedy to contest the cancellation.
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. - 2024:AHC:189602
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6987 of 2024
Applicant :- Shakuntla Devi Opposite Party :- Kunal Gaurav, Sdm Counsel for Applicant :- Ashok Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 7.5.2024 passed by this Court in Writ-C No. 10364 of 2024.
In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions from the SubDivisional Magistrate, Madiyanhu, Jaunpur and has handed over a copy of the same to the Court, which is taken on record.
On the basis of his instructions, the Standing Counsel states that the residential lease of the applicant can not be restored as road has already been constructed on the aforesaid plot and further the lease was granted to the applicant in 1994, but the applicant did not construct any residential house on the aforesaid land within the time stipulated in law. Hence, steps have been taken for cancellation of the aforesaid lease.
The applicant has the remedy to challenge the order of the State-respondents before the appropriate forum and it is not a case to institute proceeding under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 3.12.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant can be held in contempt for failing to construct on leased land when the land has been used for road construction.
Whether the applicant has an alternative remedy to challenge the order cancelling the lease.
1 provisions across 1 enactments
Shakuntla Devi
Salil Kumar Rai
Anurag Kumar Verma
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
