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Allahabad High Court

NAND LAL AND ANOTHERversusSHIV NARAYAN THE CHAIR PERSON DISTRICT LEVEL COMMITTEE

Decided

Holding

The court held that substantial compliance with the 2022 order was evident and therefore no contempt had occurred.

Summary

The High Court examined a contempt application filed by Nand Lal and another, alleging that the District Level Committee willfully defied the order dated 5 December 2022 in Writ‑C No. 33717/2022, which required the petitioners to make a representation before the Collector and for the Collector to refer the matter to the Committee for compensation. The 2022 order further directed the Collector to adjudicate the claim within a month of receiving the representation. The court reviewed the instructions and a copy of the order dated 7 September 2026 showing that the claim had been decided and that substantial compliance with the earlier order had occurred. Finding that the respondents had complied with the mandated procedure, the court concluded that no contempt had been committed. Accordingly, the contempt application was consigned to the record, leaving the applicants free to challenge the decision in the appropriate forum.

Issues considered

  • Whether the respondents willfully defied the order dated 05.12.2022 in Writ‑C No.33717/2022
  • Whether substantial compliance with the order negates a finding of contempt

Legislation cited

Subjects

  • civil contempt
  • district level committee
  • compensation
  • land acquisition
  • U.P. Land Revenue Act
  • writ petition
  • order compliance
  • contempt application

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 5379 of 2026

Nand Lal And Another
                                                                   .....Applicant(s)
                                       Versus

Shiv Narayan The Chair Person District Level
Committee                                                              .....Opposite
                                                                             Party(s)

Counsel for Applicant(s)                        :   Kripa Shankar Shukla
Counsel for Opposite Party(s)                   :

Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

The present contempt application has been preferred alleging willful
defiance of the order dated 05.12.2022 passed in Writ-C No. 33717 of
2022 order whereof is quoted herein under:

     "Heard learned counsel for the parties and perused the record.

     The petitioners herein are stating that the lands in question namely Gata
     No. 237 Area 14-14-5 (total area 0-14-14) and Plot No. 238 Area 0-19-14
     (total area 0-19-14) were acquired for construction of Bhadohi By Pass
     Road under the scheme in the year 1980-81.

     It is sought to be submitted that at the time of acquisition in question,
     both the plots namely Plot Nos. 237 and 238 were recorded as Udan
     Chak and hence, the compensation for the said plots have not been
     provided to the petitioners. However, on application moved by the
     petitioners, the proceeding for correction of consolidation map under
     Section 28 of the U.P. Land Revenue Act was initiated, which has been
     brought to its logical end by order dated 09.10.1997/07.01.1999.
     However, even after repeated objections and after correction of the
     consolidation map, compensation has yet not been determined.

     The prayer in the writ petition is to issue direction to the District Level
     Committee for determination of the claim of the petitioners to adjudicate
     the claim of the petitioners for determination of compensation in view of
     the order passed by the competent authority under Section 28 of the U.P.
                                                                                                     CAPL No. 5379 of 2026
                                                                         2


                                            Land Revenue Act.

                                            Taking note of the above facts, we are of the opinion that factual inquiry
                                            is required to be made, there is no good reason to keep the writ petition
                                            pending. Hence, without entering into the merits and claims of the
                                            petitioners, we dispose of the present writ petition with observation that
                                            the petitioners shall make a representation before the Collector, Sant
                                            Ravidas Nagar, Bhadohi within a period of three weeks from today along
                                            with certified copy of this order appending all documents of their right,
                                            title and interest with the land in question before and after the
                                            consolidation proceedings as also the order passed under Section 28 of
                                            the U.P. Land Revenue Act.

                                            On receipt of the said representation, the Collector concerned shall be
                                            under obligation to refer the matter to the District Level committee to
                                            adjudicate the claim of the petitioner for receipt of compensation and the
                                            determination in accordance with law shall be made by passing a
                                            reasoned and speaking order by due consideration of the documents
                                            appended by the petitioner and perusal of the revenue records, as
                                            expeditiously as possible, preferably within a period of one month from
                                            the date of receipt of the representation by passing a reasoned and
                                            speaking order in accordance with law."

                                    Today, instructions have been produced along with a copy of the order
                                    dated 07.09.2026, whereby the claim has been decided.


                                    In view of the aforesaid, there appears to be substantial compliance with
                                    the order in question. Accordingly, the contempt application is consigned
                                    to the record, leaving it open to the applicant to challenge the said order
                                    before the appropriate forum.

                                    Let a copy of this order be served upon learned counsel for the applicant.


                                                                                                    (Vikas Budhwar,J.)
                                    September 16, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad


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