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Allahabad High Court

SUMATI SINGHversusKRISHNA KARUNESH, DM AND ANOTHER

Decided

Holding

The Court held that no contempt occurred as the applicant had not been dispossessed of the land.

Summary

The High Court had earlier ordered that the opposite party not dispossess the applicant from a disputed land except as per law. The opposite party later filed a compliance affidavit stating that the order was not violated and the land remained in the applicant's possession. The applicant then filed a contempt application alleging dispossession. The Court examined the affidavit and found that the applicant had not been dispossessed, and therefore no contempt had occurred. Consequently, the contempt application was dismissed and the contempt notice discharged.

Issues considered

  • Whether the opposite party's actions constitute contempt of the writ order by disobeying the directive not to dispossess the applicant.

Subjects

  • contempt of court
  • writ order
  • possession
  • land dispute
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 3239 of 2024

                                    Sumati Singh
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Krishna Karunesh, DM And Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Mohit Verma, Sachida Nand Tripathi
                                    Counsel for Opposite Party(s) : C.S.C.

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

                                    1. The writ Court on 13.9.2023 had required the opposite party not to
                                    dispossess the applicant from the land in dispute except in accordance
                                    with law.

                                    2. In paragraph no. 12 of the compliance affidavit filed by the opposite
                                    party (Executive Engineer, Public Works Department, Gorakhpur) on
                                    6.8.2024 it has been stated that the order passed by writ Court has not
                                    been disobeyed and the land in question has not been utilized by PWD,
                                    Deoria and as on date entire land is intact on the spot and applicant has
                                    not been dispossessed from the land in dispute.

                                    3. Once the opposite party had averred that applicant has not been
                                    dispossessed over the land in question and the same is in possession of the
                                    applicant, no case for contempt is made out.

                                    4. Contempt application stands dismissed. Contempt notice stands
                                    discharged.



                                                                                   (Rohit Ranjan Agarwal,J.)
                                    April 23, 2026
                                    Shekhar




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

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