Shiv Om Ojha Vs Pawan Kumar Sub Divisional Magistrate, Tehsil-Ramanagar, Barabanki — Allahabad HC (2025) — LawSathi Research

Shiv Om Ojha Vs Pawan Kumar Sub Divisional Magistrate, Tehsil-Ramanagar, Barabanki — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the judgment and order dated 10.10.2023 passed in P.I.L No. 909 of 2023 (directing conclusion of the Section 133 Cr.P.C. proceedings) has been complied with, such that nothing remains to be adjudicated in the present contempt application.

Court's answer

The judgment and order dated 10.10.2023 passed by the writ court has been complied with, and now nothing remains to be adjudicated in the present contempt application.

Ratio / Principle

The present contempt application is dismissed as infructuous.

Key takeaways

Any notice issued in the contempt application stands discharged.ratio¶16

Detailed headnote1 paragraphs

Contempt Application (CIVIL) No. 2892 of 2024 (Lucknow Bench, Court No. 17; Neutral Citation 2025:AHC-LKO:2652) was preferred by Shiv Om Ojha for alleged non-compliance of the judgment and order dated 10.10.2023 passed in P.I.L No. 909 of 2023, wherein the writ court, noting that proceedings under Section 133 Cr.P.C. had been taken up by the Sub Divisional Magistrate regarding unauthorized encroachment over public utility land, directed the Sub Divisional Magistrate concerned to conclude the pending proceedings expeditiously, while leaving open recourse under Section 67 of the U.P. Revenue Code, 2006 in case of inaction. Learned State Counsel, on instructions dated 17.09.2024 of the Sub-Divisional Magistrate, Ramnagar, Barabanki, reported that the Section 133 Cr.P.C proceedings were decided on 08.08.2024, against which the opposite party (Pawan Kumar, Sub Divisional Magistrate) preferred Criminal Revision No. 130 of 2024 obtaining a stay of that order; copies of the orders dated 08.08.2024 and 13.08.2024 were taken on record. It was further submitted, and admitted by the applicant, that no proceedings had been filed under Section 67 of the U.P Revenue Code, 2006. Counsel for the applicant fairly conceded that the writ court's order dated 10.10.2023 stood complied with and that nothing remained to be adjudicated. Holding: the contempt application was dismissed as infructuous and any notice stood discharged. (Hon'ble Manish Kumar, J.; Order Date 16.1.2025.)

Neutral Citation No. - 2025:AHC-LKO:2652

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2892 of 2024

Applicant :- Shiv Om Ojha Opposite Party :- Pawan Kumar Sub Divisional Magistrate, Tehsil-Ramanagar, Barabanki Counsel for Applicant :- Mukesh Kumar Tewari,Anjani Kumar Shukla

Hon'ble Manish Kumar,J.

The present contempt application has been preferred for non-compliance of the judgment and order dated 10.10.2023, passed in P.I.L No. 909 of 2023. The relevant extract of the said judgment is quoted hereinbelow:-

"2. Learned counsel for the respondent Nos.5 and 6, on the basis of instructions, has informed that the proceedings under Section 133 Cr.P.C. have already been taken up by the Sub Divisional Magistrate insofar as the unauthorized encroachment over the public utility land is concerned.

3. That being so, we direct the Sub Divisional Magistrate concerned to conclude the pending proceedings expeditiously, in accordance with law.

4. The present P.I.L. is, accordingly, disposed of in terms of the direction issued.

5. However, it shall be open for the petitioner to avail the appropriate remedy under Section 67 of the U.P. Revenue Code, 2006 in case there is inaction on the part of the Sub Divisional Magistrate to conclude the proceedings in accordance with law."

Learned State Counsel, on the basis of instructions dated 17.09.2024, received from the Sub-Divisional Magistrate, Ramnagar, Barabanki, has submitted that the proceedings under Section 133 Cr.P.C has been decided on 08.08.2024, against which the opposite party has preferred a Criminal Revision No. 130 of 2024 in which the order dated 08.08.2024, passed under Section 133 Cr.P.C has been stayed, the copies of the orders dated 08.08.2024 and 13.08.2024 have been placed before this Court, which are taken on record.

It is further submitted that it is an admitted case of the applicant that he had not filed any proceedings under Section 67 of the U.P Revenue Code, 2006. It is further submitted that the judgment and order dated 10.10.2023, passed by the writ court has been complied with.

Learned counsel for the applicant has very fairly submitted that the judgment and order dated 10.10.2023, passed by the writ court has been complied with and now nothing remains to be adjudicated in the present contempt

application and the same may be dismisssed as infructuous.

As such, the present contempt application is dismissed as infructuous.

Notice, if any, stands discharged.

Order Date :- 16.1.2025 DiVYa

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