Ram Keval vs Sri Akash Deep Badhawan Divisional Forest Officer Barabanki Forest Division Barabanki and Another

The present contempt application has been preferred against alleged non-compliance of judgement and order dated 1.4.2025, the relevant Paras are quoted hereinbelow:

¶10

"3. Learned counsel for the petitioner says that requisite permission has been sought from opposite party no. 4 for cutting the said tree and removing it, but, till date no action has been taken.

¶11

Let the opposite party no. 4 get the facts verified and do the needful as per law but with expedition, say, within a period of two weeks from the date a certified copy of this order submitted.

¶12

We have not adjudicated the right or title of any person including the petitioner in respect of the said tree and if there is any dispute in this regard, then, the same can be decided as per law uninfluenced by this order."

¶13

Learned counsel for the applicant has submitted that the copy of the judgement and order has been served upon the respondent but till date the fallen Goolar tree has not been removed by the respondents, which is nothing but willful disobedience of the order passed in the writ petition.

¶14

Learned Standing Counsel on the basis of the counter affidavit filed by Respondent No.1 on 27.09.2025 has submitted that the permission as directed by the writ court has been granted by passing an order dated 07.05.2025 in favour of the applicant to cut and remove one fallen Goolar tree, in case there is any dispute regarding ownership, this permission would be considered as canceled.

¶15

CAPL No. 1717 of 2025

¶16

2

¶17

It is further submitted that the applicant himself filed a civil suit pertaining to the same land, which is pending before the Civil Judge, Senior Division, Court No.20, Barabnki. It is also submitted that against the counter affidavit till date no rejoinder affidavit has been filed though about six months period has expired.

¶18

After hearing learned counsel for the parties and going through the record of the case, the writ court has directed the respondent for granting requisite permission to the applicant for cutting the said tree and removing the same and the same has been granted by passing an order dated 7.5.2025 with a condition, if there is any dispute with regard to the ownership, the permission would be considered as canceled. The dispute of the land on which the Gular Tree is there is under dispute in a civil suit filed by the applicant himself. The permission has been granted in compliance of the order passed in the writ petition by the respondent but due to the pendency of the civil suit the applicant could not avail the benefit of the said permission, so the alleged allegation of willful disobedience is not attributable to the respondent.

¶19

In view of the facts, circumstances and discussion made hereinabove, the present contempt applicant has become infructuous and it is dismissed, as such.

¶20

Notice, if any, issued against the respondent stands discharged.

¶21

(Manish Kumar,J.)

¶22

March 12, 2026

¶23

S. Kumar

¶24

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

Ram Keval v. Sri Akash Deep Badhawan Divisional Forest Officer Barabanki Forest Division Barabanki and Another

Case brief

What is this about?

What did the court decide?

Ram Keval v. Sri Akash Deep Badhawan Divisional Forest Officer Barabanki Forest Division Barabanki and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arvind Kumar Mishra vs Mrs. Sadhika Katiyar, Labour Commissioner Kanpur U.P. and Another

X, Juvenile (Minor) Thru. Her Natural Guardian / Mother Z vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Smt. Anuradha Devi vs Shri Sunil Dutt, Dist. Inspector of School Unnao

Centre for Management Tech. Thru. Its Director Krishna Mohan Pandey and Another vs Sri L. Venkateshwaralu Prin. Secy. Deptt. of Social Welfare Lko. and Another

Nagma and Another vs State of U.P. Thru. Prin. Secy. Home and Another

Smt. Nandini Sadashiv Dubey and Another vs Shri Vijay Ranjan Srivastava Naib Tehsildar Sumerpur Unnao