Jaiveer Singh and 5 Others vs Ajay Kumar Mishra… — Contempt of Court | Allahabad HC (2025)

Jaiveer Singh and 5 Others vs Ajay Kumar Mishra… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the eviction of the applicants from the disputed plots on 18.1.2025 constituted willful disobedience of this Court's order dated 8.11.2024 in Writ - C No.21231 of 2024, warranting proceedings under the Contempt of Courts Act, 1971.

Court's answer

There is nothing on record to show that any interim order was granted to the applicants either by this Court in any case or by the Supreme Court.

Ratio / Principle

The cause of action for the contempt application arose on 18.1.2025; therefore the order dated 31.1.2025 modifying the order dated 8.11.2024 is not relevant to this case.

Key takeaways

Since there is no interim order in the Review Petition filed by the applicants, the action of the opposite parties cannot be considered contrary to law.ratio¶13
This is not a case for instituting proceedings under the Contempt of Courts Act, 1971.ratio¶15
The applicants remain free to exercise other remedies before the appropriate Court in the Review Petition filed by them.obiter

Detailed headnote1 paragraphs

Contempt (civil) -- willful disobedience -- applicants alleged eviction from disputed plots on 18.1.2025 in breach of Allahabad High Court order dated 8.11.2024 in Writ C No. 21231 of 2024 directing police not to evict them. Held, dismissing the application: no interim order existed in the applicants' favour either in any matter before the High Court or in the Supreme Court; the cause of action arose on 18.1.2025, so the subsequent modification dated 31.1.2025 (police not to evict if applicants in possession) was irrelevant; absent any interim order in the pending review petition, the opposite parties acting 'in accordance with law' could not be held to have acted contrary to law; not a fit case for proceedings under the Contempt of Courts Act, 1971. Liberty reserved to pursue other remedies in the pending review petition (Salil Kumar Rai, J.; Order Date 19.2.2025; Neutral Citation 2025:AHC:23745).

Neutral Citation No. - 2025:AHC:23745

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 729 of 2025

Applicant :- Jaiveer Singh And 5 Others Opposite Party :- Ajay Kumar Mishra, Commissioner Of Police And Another

Counsel for Applicant :- Amit Krishna

Hon'ble Salil Kumar Rai,J.

The present contempt application has been filed pleading willful disobedience of the order dated 8.11.2024 passed by this Court in Writ - C No.21231 of 2024.

It appears from the arguments of the counsel for the applicants as well as the averments made in the affidavit that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894) was issued notifying the intention of the State Government to acquire the land of the applicants. Objections under Section 5-A of the Act, 1894 were filed by the applicants which were subsequently dismissed and consequently a notification under Section 6 of the Act, 1894 was issued. It appears that meanwhile, the applicants also filed Writ Petitions before this Court challenging the notifications under Section 4 of the Act, 1894 which were disposed of permitting the applicants to file the objections under Section 5-A of the Act, 1894. It also appears that the acquisitions are still under challenge before this Court in a review petition filed by the applicants.

There is nothing on record to show that any interim order was granted to the applicants either by this Court in any case or by the Supreme Court.

Subsequently, Writ C No.21231 of 2024 was filed by the applicants wherein this Court vide order dated 8.11.2024 had directed the police authorities not to evict the petitioners/applicants and to act in accordance with law.

The present contempt application has been filed pleading that on 18.1.2025, the applicants were evicted from the disputed plots and the opposite parties had willfully disobeyed the order of this Court. It has also been brought to the notice of this Court that on 31.1.2025, the order dated

8.11.2024 was modified and directions were issued that police authorities shall not evict the petitioners/applicants if the petitioners/applicants are in possession and the authorities shall act in accordance with law.

The order dated 31.1.2025 modifying the order dated 8.11.2024 may not be relevant for the present case as the cause of action for instituting the contempt application arose on 18.1.2025. No interim order had been passed in favour of the applicants in the case pending before this Court challenging the acquisition proceedings. By order dated 18.11.2024, the opposite parties were directed to act in accordance with law. As there is no interim order in the Review Petition filed by the applicants, the action of the opposite parties cannot be considered contrary to law.

The applicants may exercise other remedies before the appropriate Court in the Review Petition filed by them.

It is not a case for instituting proceedings under the Contempt of Courts Act, 1971.

The applicant is dismissed.

Order Date :- 19.2.2025 IB

Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad