Neeraj Kumar Vs Shri Vishal Kumar Yadav, Special Land Acquisition Officer, Raebareli — Allahabad HC (2025) — LawSathi Research

Neeraj Kumar Vs Shri Vishal Kumar Yadav, Special Land Acquisition Officer, Raebareli — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only (contempt not finally decided): the affidavit of compliance was rejected; the respondent was directed to file a fresh affidavit of compliance by the next date of listing (15.4.2025) and, failing which, to appear before the Court for framing of charge; case listed on 15.4.2025.

Issue for consideration

Whether the order of the writ court in Writ C No.5831/2024 directing release of compensation to the applicant has been complied with by the Special Land Acquisition Officer, Raebareli, warranting continuance of contempt proceedings. +1 more

Court's answer

The record shows that the order of the writ court was not complied with in letter and spirit, which occasioned the present contempt application and the issuance of notices.

Ratio / Principle

It is evident from the affidavit of compliance filed by the respondent that he has not gone through the order passed by the writ court; accordingly, the affidavit of compliance is rejected.

Key takeaways

A fresh affidavit of compliance is to be filed by the respondent by the next date of listing (15.4.2025), failing which he shall appear before the Court for framing of charge.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 17) — CONTEMPT APPLICATION (CIVIL) No. 361 of 2025; Neeraj Kumar (Applicant) v. Shri Vishal Kumar Yadav, Special Land Acquisition Officer/A.D.M., Raebareli (Opposite Party); Hon'ble Rajeev Singh, J.; Order dated 25.3.2025. Compliance stage of a contempt arising from non-compliance with the directions in disposal of Writ C No.5831/2024, whereby the competent authority was to pass a reasoned and speaking order on the applicant's representation and ensure release of land-acquisition compensation alongwith other dues within three months (award of 9.10.1985; recorded tenure holder died 21.10.1984; compensation determined at Rs.3,956.40/- and lying deposited in the Treasury, Raebareli). An affidavit of compliance signed by the opposite party — reporting rejection of the applicant's representation on the ground that compensation stood already paid — was found to demonstrate that the officer had not gone through the order passed by the writ court; the affidavit of compliance was rejected and the application for discharge of contempt notice was not accepted. Fresh affidavit of compliance ordered by the next date of listing (15.4.2025), failing which the respondent was to appear before the Court for framing of charge.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 361 of 2025

Applicant :- Neeraj Kumar Opposite Party :- Shri Vishal Kumar Yadav, Special Land Acquisition Officer, Raebareli Counsel for Applicant :- Dilip Kumar Singh Chauhan

Hon'ble Rajeev Singh,J.

1. Heard.

The affidavit of compliance filed by learned Additional Chief Standing Counsel duly signed by Mr. Vishal Kumar Yadav, Special Land Acquisition Officer, Raebareli is taken on record.

Learned counsel for the applicant submits that land in question was acquired by the State Government and the award was declared on 9.10.1985 but the recorded tenure holder (grand father of the applicant) died on 21.10.1984. He further submits that as the compensation was not given to the applicant, then Writ C No.5831/2024 was filed, in which, on 8.7.2024, learned Standing Counsel was directed to seek instructions as to why the compensation has not been paid to the applicant, thereafter, matter was listed on 15.7.2024. He also submits that on 15.7.2024, written instructions, dated 12.7.2024 sent by Sri Harish Kumar Singh, Executive Engineer was placed before the Court, in which, it was admitted that compensation for land in question was determined amounting Rs.3,956.40/- and notice was issued to all the recorded tenure holders for taking compensation and as the recorded tenure holder did not come forward to receive compensation, then it was deposited in the Treasury, Raebareli and it was open to the applicant to approach the S.L.A.O. Raebareli for releasing such compensation in his favour. He further submits that Writ C No.5831/2024 was disposed of with the liberty to the applicant to approach to S.L.A.O., Raebareli and the competent authority was also directed to pass appropriate reasoned and speaking order thereon and also ensure the release of compensation alongwith other dues to the applicant within three months, thereafter.

It is evident from the record that as the order of the writ court was not complied with in letter and spirit, then present contempt is filed, notices was issued and today, the affidavit of compliance is filed alongwith the application for discharge of contempt notice duly signed by Mr. Vishal Kumar Yadav, A.D.M./S.L.A.O., Raebareli and informs that representation of the applicant has been rejected with the observation that compensation was already paid to the applicant. It is also evident from the affidavit of compliance filed by the respondent that he has not gone through the order passed by the writ court, accordingly, the affidavit of compliance is hereby, rejected.

List this case on 15.4.2025.

In the meantime, fresh affidavit of compliance be filed by the respondent by the next date of listing, failing which, he shall appear before this Court for framing of charge.

Order Date :- 25.3.2025 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Order under challenge
Order passed in disposal of Writ C No.5831/2024 granting the applicant liberty to approach the S.L.A.O., Raebareli and directing the competent authority to pass a reasoned and speaking order and ensure release of compensation alongwith other dues within three months; alleged non-compliance with this order is the subject of the present contempt application.¶7
Writ court
Prior proceeding
At the outset of this hearing, the affidavit of compliance signed by the Special Land Acquisition Officer, Raebareli, filed through learned Additional Chief Standing Counsel, was taken on record.¶6
Prior proceeding
Land was acquired by the State Government; award declared on 9.10.1985, though the recorded tenure holder (grandfather of the applicant) had died on 21.10.1984.¶7
Prior proceeding
Compensation not paid to the applicant; Writ C No.5831/2024 filed; on 8.7.2024 learned Standing Counsel directed to seek instructions; matter listed on 15.7.2024.¶7
Prior proceeding
On 15.7.2024, written instructions dated 12.7.2024 sent by Sri Harish Kumar Singh, Executive Engineer were placed before the Court.¶7
Prior proceeding
Instructions admitted that compensation was determined at Rs.3,956.40/- and notice was issued to all recorded tenure holders.¶7
Prior proceeding
As the recorded tenure holder did not come forward, the amount was deposited in the Treasury, Raebareli; the applicant was free to approach the S.L.A.O., Raebareli for release of the compensation.¶7
Prior proceeding
Writ petition disposed of: competent authority directed to pass a reasoned and speaking order and ensure release of compensation alongwith other dues to the applicant within three months (direction forming the compliance obligation in this contempt).¶7
Prior proceeding
Order of the writ court not complied with in letter and spirit; present contempt application filed and notices issued.¶8
Prior proceeding
Affidavit of compliance together with application for discharge of contempt notice filed, duly signed by Mr. Vishal Kumar Yadav, A.D.M./S.L.A.O., Raebareli.¶8
Prior proceeding
By the said affidavit the authority informed that the applicant's representation had been rejected with the observation that compensation was already paid to the applicant.¶8