Allahabad High Court
JITENDRA SINGH TOMARversusSHRI DEEPAK KUMAR, TEHSILDAR, TEHSIL - SADAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is dismissed as the order of the writ Court has been complied with.
Summary
The High Court, in a writ petition (PIL No.2390 of 2021), directed the applicant to file an application under Section 67 of the U.P. Revenue Code, 2006, to determine alleged encroachment. The applicant complied, and the Revenue Team submitted a report on 18‑08‑2025 stating that no encroachment existed, supported by a spot memo, map, and photographs. On this basis, the applicant filed a contempt application alleging non‑compliance by the opposite party. The Court examined the compliance report and found that the writ Court’s order had been fully satisfied. Consequently, the Court held that the contempt application was moot and ordered its dismissal. The contempt notice was also discharged.
Issues considered
- Whether the contempt application is maintainable when the order of the writ Court has been complied with
- Whether the report under Section 67 of the U.P. Revenue Code, 2006, conclusively demonstrates absence of encroachment
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- contempt of court
- Section 67 U.P. Revenue Code
- writ petition
- compliance
- public interest litigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3234 of 2025
Jitendra Singh Tomar
.....Applicant(s)
Versus
Shri Deepak Kumar, Tehsildar, Tehsil - Sadar
.....Opposite
Party(s)
Counsel for Applicant(s) : Mithilesh Kumar Ojha
Counsel for Opposite Party(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court in PIL No.2390 of 2021, on 24.12.2021, had required the
applicant to move an application under Section 67 of U.P. Revenue Code,
2006 which was to be decided.
2. In paragraph 10 of the affidavit of compliance, it has been stated that the
Revenue Team had submitted its report on 18.08.2025 wherein it was found
that no encroachment has been done. Copy of spot memo along with map
and coloured photographs of the site has been appended to demonstrate the
said fact.
3. In view of said fact, as the order of writ Court has been complied with,
present contempt application is rendered infructuous and the same stands
dismissed.
4. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
May 14, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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