Shakuntala Devi vs Priya Shukla, Tehsildar / Asst. Collector Tehsil Ramsanehighat Barabanki

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 697 of 2025

Applicant :- Shakuntala Devi Opposite Party :- Priya Shukla, Tehsildar / Asst. Collector Tehsil Ramsanehighat Barabanki Counsel for Applicant :- Shankar Lal Pandey,Abhishek Shukla

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Hon'ble Rajeev Singh,J.

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1. Heard.

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2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 27.08.2024 passed by this Court in Public Interest Litigation No. 713 of 2024.

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3. Learned counsel for the applicant submits that as proceeding u/s 67 of U.P. Revenue Code, 2006 was not being initiated, a petition i.e Public Interest Litigation No. 713 of 2024 (Shakuntala Devi vs. State of U.P. and 7 others) was filed by the applicant, which was disposed of on 27.08.2024 with liberty to the application to move an application u/s 67 of U.P. Revenue Code, 2006 before the competent authority and the competent authority was also directed to consider and decide the same expeditiously in accordance with law. He further submits that the aforesaid order was served on the respondent by moving an application dated 02.09.2024, but the proceeding has not been decided till now.

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4. The order dated 27.08.2024 passed in Public Interest Litigation No. 713 of 2024 is as under:-

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"1. Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabharespondent No.5 has been accepted by Sri Mohan Singh.

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2. In light of the proposed order, notices to private respondents are dispensed with.

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3. Petitioner has approached this court seeking a direction to opposite parties No.s 2 to 4 for removal of illegal encroachment made by private respondent No.s 6 to 8 on gram sabha land of gata No.785, area 0.76 hectare, situated at Village Mangoopur, Majre Udaimau, Pargana Dariyabad, Tehsil Ramsanehighat, District Barabanki which is recorded as "Naveen Parti" in the revenue records, expeditiously.

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4. It is further submitted that though the petitioner has submitted representation on 15.5.2024 to the District Magistrate concerned for removal of the aforesaid encroachment but due to connivance of the government officials with the unauthorized encroachers no action is being taken in this regard.

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5. Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where after obtaining report of Revenue Inspector and issuing notices to the alleged encroachers, effective orders for removal of the alleged encroachments as well as levy of penalty can be passed in case the allegations are found correct.

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6. Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

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7. Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law."

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5. On 20.03.2025 and 08.04.2025, following orders were passed:-

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Order dated 20.03.2025 :

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"Learned Standing Counsel to obtain instructions in the matter.

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Put up this matter on 08.04.2025, as fresh.

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A copy of the contempt application be provided to the learned Standing Counsel by the learned counsel for the applicant."

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Order dated 08.04.2025 :

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"1. Learned Standing Counsel requested for two days time to seek instructions from the respondent, Ms. Priya Shukla, Tehsildar / Asst. Collector Tehsil Ramsanehighat Barabanki.

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2. Prayer is allowed.

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3. List this case on 29.4.2025 as fresh."

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6. It is informed by learned Standing Counsel that the order dated 20.03.2025 was communicated to the respondent- Ms. Priya Shukla, Tehsildar/Assistant Collector, Tehsil- Ram Sanehi Ghat, DistrictBarabanki on her WhatsApp/CUG No. 9454416154 through letter no. 5058 (Civil)/2025 dated 24.03.2025, and another letter dated 09/10.04.2025 was also communicated to her, moreover, efforts were also made to contact her on mobile no. 7678999900, but she has not responded and mails were also sent to the District Magistrate for ensuring the compliance.

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7. List this case on 28.05.2025.

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8. By the next date, District Magistrate, Barabanki is directed to ask explanation from the respondent- Ms. Priya Shukla, Tehsildar/Assistant Collector, Tehsil- Ram Sanehi Ghat, DistrictBarabanki that why response has not been given by Ms. Priya Shukla

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in compliance of the letter received from the office of learned Chief Standing Counsel.

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9. By the next date, the respondent shall submit written instructions, failing which, she shall appear in person before this Court.

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10. Office is also directed to communicate this order to the District Magistrate, Barabanki, forthwith.

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Order Date :- 19.5.2025 Arpan

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

Shakuntala Devi v. Priya Shukla, Tehsildar / Asst. Collector Tehsil Ramsanehighat Barabanki

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Shakuntala Devi v. Priya Shukla, Tehsildar / Asst. Collector Tehsil Ramsanehighat Barabanki

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