Dismissed¶15

Ram Dev Gupta v. Nancy Singh, Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh

Allahabad HC4 Feb 2025CAPL/307/2025

Case brief

AI extract

What is this about?

Contempt application dismissed — alleged non-compliance of order dated 03.12.2024 (Writ C No. 9969 of 2024) requiring SDM Lalganj, Pratapgarh to remove fresh constructions; supporting photograph showed only bamboo poles, no construction, no date/time recorded; held no contempt made out; Allahabad High Court (Lucknow Bench), Manish Kumar, J., 04.02.2025.

What did the court decide?

The photograph tendered in support of the allegation of fresh construction showed only two or three erected bamboo poles and no construction of any nature, and neither its date nor time of capture was recorded; it therefore failed to substantiate the alleged fresh construction. ¶14

Ram Dev Gupta Vs Nancy Singh, Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:7056

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 307 of 2025

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Applicant :- Ram Dev Gupta Opposite Party :- Nancy Singh, Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh Counsel for Applicant :- Alok Kumar Tripathi

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Hon'ble Manish Kumar,J.

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Heard.

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Present contempt petition has been preferred for alleged non compliance of the judgment and order dated 03.12.2024 passed by the Writ Court in Writ C No. 9969 of 2024.The said order is being reproduced hereinbelow:-

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" 1. In terms of the order dated 28.11.2024, the S.D.M., Lalganj, District Pratapgarh Ms. Nancy Singh is present in Court. She states that the offending constructions were removed. The photocopies along with instructions have been handed over across the bar, which is taken on record.

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2. The Counsel for the petitioner states that the offending constructions were removed but fresh constructions are being raised.

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3. The SDM present in Court shall ensure that any fresh constructions have been raised, the same shall be removed in accordance with law.

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4. In view of the said assurance, no further direction is required. The writ petition is disposed off.

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5. In case, the petitioner is aggrieved, he may approach."

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Learned counsel for the applicant has submitted that despite the order dated 03.12.2024 being passed in the presence of S.D.M., Lalganj, District Pratapgarh, fresh construction, which has been raised by the private individuals has not been removed.

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In support of his submission regarding the fresh construction, he drew the attention of this Court to photograph in which two or three erected bamboo poles could be seen and no construction of any nature could be seen in the said photograph. The date and time when the photograph appended with the contempt application are clicked is also not mentioned.

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In view of the above, no contempt is made out, thus, present contempt petition is hereby dismissed.

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Order Date :- 4.2.2025 Ashish

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

Ram Dev Gupta v. Nancy Singh, Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh

Case brief

What is this about?

What did the court decide?

Ram Dev Gupta v. Nancy Singh, Sub Divisional Magistrate, Tehsil Lalganj, Pratapgarh

Case brief

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What the court decided

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