Allahabad High Court
SUMATI SINGHversusKRISHNA KARUNESH, DM AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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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