Dismissed¶¶20

Babu Lal Maurya and 2 Others v. Sri Shailendra Kumar Verma Sub Div. Magistrate Distt. Pratapgarh

Allahabad HC4 Nov 2025CAPL/3525/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Court No. 8, Manish Kumar J., November 4, 2025 — Contempt Application (CIVIL) No. 3525 of 2025, Babu Lal Maurya & 2 others v. Sri Shailendra Kumar Verma, Sub Divisional Magistrate, Pratapgarh. Contempt for alleged non-compliance of order dated 22.09.2025 in Writ C No. 9227 of 2025 (removal of encroachment and malba over Chakmarg). Court found encroachment removed (admitted) and malba removed (per photographs); alleged fresh encroachment by non-arrayed third parties raises disputed questions outside contempt jurisdiction; application dismissed. Applicants' counsel: Dheeraj Srivastava, Anil Kumar Maurya.

What did the court decide?

It is an admitted case of the applicant that the encroachment was removed as stated by learned Standing Counsel. ¶¶17

Babu Lal Maurya and 2 Others Vs Sri Shailendra Kumar Verma Sub Div. Magistrate Distt. Pratapgarh — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CONTEMPT APPLICATION (CIVIL) No. - 3525 of 2025

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Babu Lal Maurya And 2 Others

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.....Applicant(s)

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Versus

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Sri Shailendra Kumar Verma Sub Div. Magistrate Distt. Pratapgarh

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Dheeraj Srivastava, Anil Kumar Maurya
Counsel for Opposite Party(s)	:

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Court No. - 8

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HON'BLE MANISH KUMAR, J.

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Heard.

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Present contempt application has been filed for alleged non-compliance of the judgment and order dated 22.09.2025 passed in Writ C No. 9227 of 2025. The relevant excerpts of the aforesaid judgment and order is being reproduced hereinbelow:-

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" 3. Learned Standing Counsel on the basis of the instructions states that the encroachment over the Chakmarg have been removed and the malba, if any, lying shall also be removed immediately.

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4. Considering the statement of the learned Standing Counsel that there is no encroachment over the chakmarg and the malba if any shall also be removed, the writ petition is disposed off. "

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Learned Counsel for the applicant has submitted that malba has not been removed by the authorities but from the photographs appended with the present case, it is found that the same has been removed.

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It is further submitted that Shri Ram Raj Maurya, Shri Radheyshyam Maurya and Shri Dharamraj Maurya, sons of late Kandhai Ram Maurya are encroaching upon the pathway/chakmarg but these persons have not not been arrayed as respondents in the present case.

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After hearing learned counsel for the applicant and going through the record of the case, it is found that it is an admitted case of the applicant that the encroachment was removed as stated by learned Standing Counsel

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CAPL No. 3525 of 2025

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thereafter malba has also been removed now if someone is trying to encroach the land in question/pathway/chakmarg, as alleged by learned counsel for the applicant, the said controversy cannot be adjudicated by this Court under the contempt jurisdiction as certain disputed questions are involved in the present case and those against whom the grievance is made they are not arrayed as respondents hence, the present contempt application is devoid of merit and dismissed, accordingly.

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November 4, 2025 Ashish

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(Manish Kumar,J.)

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

Babu Lal Maurya and 2 Others v. Sri Shailendra Kumar Verma Sub Div. Magistrate Distt. Pratapgarh

Case brief

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Babu Lal Maurya and 2 Others v. Sri Shailendra Kumar Verma Sub Div. Magistrate Distt. Pratapgarh

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