Allahabad High Court
NAND LAL AND ANOTHERversusSHIV NARAYAN THE CHAIR PERSON DISTRICT LEVEL COMMITTEE
- Decided
- Bench
- VIKAS BUDHWAR
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
- U.P. Land Revenue Act — s. 28
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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