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Allahabad High Court

JITENDRA SINGH TOMARversusSHRI DEEPAK KUMAR, TEHSILDAR, TEHSIL - SADAR

Decided

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

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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