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Allahabad High Court

SONUversusSRI. SATYENDRA KUMAR AND 6 OTHERS

Decided

Holding

The contempt application was dismissed as no contempt of the interim order was established.

Summary

The High Court of Allahabad had earlier granted an interim order in Writ-C No. 38453 of 2025. The opposite party filed an affidavit stating that the property in question, House No. CK-39/7, is owned by the revenue department and that the applicant had encroached upon it, but no eviction or demolition action had been taken by the State, thereby complying with the interim order. The court examined whether this affidavit gave rise to a contempt of court claim. It held that since the State had not taken any action against the applicant, there was no basis for a contempt proceeding. Consequently, the contempt application was dismissed.

Issues considered

  • Whether the filing of the affidavit by the opposite party amounts to contempt of the interim order granted by the Court

Subjects

  • contempt
  • interim order
  • eviction
  • revenue land
  • affidavit
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 2704 of 2026

                                    Sonu
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Sri. Satyendra Kumar And 6 Others
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Akanksha    Srivastava,              Quazi
                                                                    Mohammad Akaram
                                    Counsel for Opposite Party(s) :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. The writ Court on 7.11.2025 had granted interim order in Writ-C No.
                                    38453 of 2025.

                                    2. A personal affidavit of opposite party no. 1 has been filed wherein in
                                    paragraph no. 10 it has been stated that the House No. CK-39/7,
                                    Kundigartola, Dalmandi, Varanasi, as per the record, is owned by revenue
                                    department and applicant had encroached upon the same. However, it has
                                    been stated that no action for eviction or demolition has been taken by the
                                    State authorities against the applicant complying the interim order granted
                                    by writ Court.

                                    3. As affidavit has been filed by opposite no. 1 wherein specific mention
                                    has been made that State is not proceeding against the applicant, no case
                                    for contempt is made out.

                                    4. Contempt application stands dismissed.



                                                                                   (Rohit Ranjan Agarwal,J.)
                                    May 7, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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