Allahabad High Court
JITENDRA YADAVversusKM. BHAVANA VIMAL, S.D.M. SADAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that the order of the writ Court had been complied with, rendering the contempt application infructuous and dismissing it.
Summary
The High Court considered a contempt application filed by Jitendra Yadav after the Court had earlier, in a PIL, directed the petitioner to approach the Assistant Collector under Section 67 of the Uttar Pradesh Revenue Code, 2006 to have illegal encroachments on Gaon Sabha land removed. The petitioner was to submit a representation and the Assistant Collector was to act within six months, removing encroachments within one month if the allegations were proven. The compliance affidavit filed showed that the Assistant Collector issued orders on 2‑6‑2022 and 3‑6‑2022 and that photographs confirmed the removal of the encroachments. On this basis, the Court found that the original writ order had been complied with. Consequently, the contempt application was deemed infructuous and was dismissed, with the contempt notice discharged.
Issues considered
- Whether the petitioner committed contempt by allegedly failing to comply with the Court's order dated 04.08.2021
- Whether the order under Section 67 of the Uttar Pradesh Revenue Code, 2006 was duly complied with
- Whether the contempt application should be dismissed as infructuous
Legislation cited
Subjects
- civil contempt
- contempt application
- Uttar Pradesh Revenue Code
- Section 67
- public interest litigation
- encroachment
- Gaon Sabha
- Assistant Collector
- compliance affidavit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 8847 of 2023
Jitendra Yadav
.....Applicant(s)
Versus
Km. Bhavana Vimal, S.D.M. Sadar
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinit Kumar Srivastava
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 04.08.2021 while disposing of Public Interest Litigation
(PIL) No. 1190 of 2021 passed the following order:-
"Heard counsel for the petitioner, the Standing Counsel for respondent
nos. 1 to 3 and Shri Krishna Kant Singh, Advocate for respondent no.4
i.e., Gaon Sabha.
The petitioner has approached this Court praying for a writ of mandamus
directing the respondent no.2 to remove the illegal encroachments over
Plot Nos.408, 409, 453/7, 453/13, 453/14, 453/18, 543/4, 543/5, 543/6,
543/10 and 543/11 which the petitioner alleges to have vested in the
Gaon Sabha.
It would serve no purpose to keep the writ petition pending, and
therefore, it is directed that petitioner may submit a representation before
the Assistant Collector bringing the relevant facts regarding
encroachment over the aforesaid plots to the notice of the concerned
Assistant Collector who, if no proceedings under Section 67 of the Uttar
Pradesh Revenue Code, 2006 have already been registered in relation to
encroachment over the said plots, on receiving the aforesaid
representation shall inquire into the allegations made by the petitioner
after following the procedure prescribed under Section 67 of the Uttar
Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh
Revenue Code Rules, 2016 and pass appropriate orders within a period
CAPL No. 8847 of 2023
2
of six months from the date when the aforesaid representation is filed by
the petitioner. In case, the allegations of the petitioner are found to be
true the Assistant Collector shall ensure that the encroachments over the
Gaon Sabha land are removed within a period of one month, thereafter,
unless the order of Assistant Collector is stayed by any superior authority
or court in any appeal or revision filed against the order of Assistant
Collector.
It is clarified that this Court has not adjudicated upon the merits of the
claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of."
2. In the compliance affidavit filed, it has been stated that the order under
Section 67 has been passed on 02.06.2022 and 03.06.2022 and further, the
coloured photographs have been appended with the compliance affidavit
showing the removal of the encroachment.
3. In view of said fact, as the order of writ Court has been complied with,
the present contempt application is rendered infructuous and stands
dismissed.
4. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
May 14, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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