Abdul Mobin Vs Smt. Neha Sharma District Magistrate Gonda and 2 Others — Allahabad HC (2025) — LawSathi Research

Abdul Mobin Vs Smt. Neha Sharma District Magistrate Gonda and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed as not pressed, with liberty to file a fresh application in case occasion arises, with proper pleadings and facts.

Issue for consideration

Whether the Contempt Application alleging non-compliance of the order dated 18.05.2023 passed in PIL No.429 of 2023 is maintainable at this stage, given that the applicant's counsel failed to disclose the status of the proceedings under Section 67(1) of the U.P. Revenue Code 2006 initiated pursuant to the Lekhpal report dated 05.05.2023.

Court's answer

The Contempt Application, at this stage alleging non-compliance of the order passed in Public Interest Litigation, is not maintainable, because learned counsel for the applicant failed to disclose as to what has happened to the proceedings under Section 67(1) of the U.P.Revenue Code 2006 initiated on the Lekhpal report dated 05.05.2023.

Ratio / Principle

The Contempt Application is dismissed as not pressed, with liberty to file a fresh application in case occasion arises, with proper pleadings and facts.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Rajnish Kumar, J.; order dated 7.2.2025) dismissed as not pressed CONTEMPT APPLICATION (CIVIL) No. 358 of 2025 raised by applicant Abdul Mobin against Opposite Party Smt. Neha Sharma, District Magistrate, Gonda and 2 others, alleging non-compliance with the order dated 18.05.2023 passed in Public Interest Litigation (PIL) No.429 of 2023 (Abdul Mobin Versus State of U.P. and others). The complaint concerned encroachment by Ram Pher son of Jagannath on Chak Marg No.1552 (area 0.0930 hectare); the applicant's representation dated 23.05.2023 before the District Magistrate, Gonda produced a Lekhpal report dated 05.05.2023, which was submitted to the Assistant Collector/Tehsildar, Tehsil-Tarabganj for initiating proceedings under Section 67(1) of the U.P. Revenue Code 2006 for recovery of damages and eviction. As counsel failed to disclose the fate of those proceedings, the court held the application not maintainable at this stage; counsel thereupon sought withdrawal and the application was dismissed as not pressed with liberty to file afresh with proper pleadings and facts if occasion arises.

Neutral Citation No. - 2025:AHC-LKO:7957

Court No. - 4

Case :- CONTEMPT APPLICATION (CIVIL) No. - 358 of 2025

Applicant :- Abdul Mobin Opposite Party :- Smt. Neha Sharma District Magistrate Gonda And 2 Others Counsel for Applicant :- Mukul Pandey

Hon'ble Rajnish Kumar,J.

Ms.Neeta Singh Chandel, Advocate holding brief of Shri Mukul Pandey, learned counsel for the applicant submits that in pursuance of the order dated 18.05.2023 passed in Public Interest Litigation (PIL) No.429 of 2023; Abdul Mobin Versus State of U.P. and others, the applicant had moved the representation on 23.05.2023 before the District Magistrate, District-Gonda, U.P. for removal of encroachment from Chak Marg No.1552, area 0.0930 hectare on which Ram Pher son of Jagannath has made illegal encroachment. In pursuance thereof a report was submitted by the concerned Lekhpal on 05.05.2023, but till date the encroachment has not been removed.

Perusal of the report dated 05.05.2023, contained in annexure no.3 indicates that the report has been submitted to the Assistant Collector/Tehsildar, Tehsil-Tarabganj, District-Gonda for initiating the proceedings under Section 67(1) of the U.P. Revenue Code 2006 for recovery of the damages and eviction, but learned counsel for the applicant failed to disclose as to what has happened to the proceedings under Section 67(1) of the U.P.Revenue Code 2006. Therefore this application at this stage alleging non compliance of the order passed in Public Interest Litigation is not maintainable.

At this stage learned counsel for the applicant submits that the application may be dismissed as not pressed with liberty to file a fresh in case occasion arises with proper pleadings and facts.

The Contempt Application is, accordingly, dismissed as not pressed with the liberty as aforesaid..

. ...................................... .(Rajnish Kumar,J.) Order Date :- 7.2.2025 Banswar

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench