Contempt application alleging willful disobedience of a writ court order regarding tree cutting. The court found no evidence the opposite parties cut the trees, held the grievance involved disputed facts not decidable on affidavit evidence, and dismissed the application.
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Neutral Citation No. - 2025:AHC:38023
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1137 of 2025
Applicant :- Sahkari Ganna Vikas Samiti Deoband Opposite Party :- Sri Vikram Singh And 3 Others Counsel for Applicant :- Ravindra Singh
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 15.3.2023 passed by this Court in Writ-B No. 620 of 2023.
It is the case of the applicant that the trees were cut by the opposite party Nos. 1 and 2 without the then Consolidation Officer being present on the spot and the trees were not cut under the supervision of the Consolidation Officer. It is also the plea of the applicant that the trees were cut without informing him and in the absence of the members of the society.
There is nothing on record to establish the claim of the applicant that the trees were cut by the opposite party Nos. 1 and 2. Even apart from the aforesaid, the only grievance of the applicant can be the price of the trees and that the sale consideration shown by the opposite party Nos. 1 and 2 was lower than the actual price of the trees.
Apart from the aforesaid, the case involves disputed question of fact as to whether the trees were cut by the opposite party Nos. 1 and 2 or it was the case of theft which can not be decided on affidavit evidence.
It is not a case to register the proceedings under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 18.3.2025 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the alleged cutting of trees without the Consolidation Officer's supervision amounted to willful disobedience of the order dated 15.3.2023 in Writ-B No. 620 of 2023?
1 provisions across 1 enactments
Sahkari Ganna Vikas Samiti Deoband
Opposite Party Nos. 2 to 4
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
