Allahabad High Court
Amarnath And 2 Others vs Kunji Lal, Lekhpal And 5 Others on 9 September, 2020
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3122 of 2020 Applicant :- Amarnath And 2 Others Opposite Party :- Kunji Lal, Lekhpal And 5 Others Counsel for Applicant :- Kapil Kumar Pandey,Virendra Singh Hon'ble Vivek Agarwal,J.
Sri Virendra Singh, counsel for the applicant alleges violation of the order dated 6.2.2020 passed by this Court in Writ Petition No. 39163 of 2019 whereby writ court had directed the Collector, Azamgarh to personally visit and inspect the concerned village and plots allotted to the petitioners and, in case, he finds that the petitioners have not been put in possession over the plots, he will ensure that the petitioners are delivered possession of the plots within one week from today and shall sent his report on the next date fixed in the case.
Counsel for the petitioner gracefully admits that petitioners were put into possession of the plots allotted to them as is apparent from Annexure-8 wherein Collector informed that he had carried out the spot inspection on 13.2.2020 and had ensured that petitioners and allottees are put into possession on the spot. The Collector, Azamgarh has further mentioned that he has personally inquired from the allottees and allottees confirmed that they were put into possession and accordingly report was submitted.
Counsel for the petitioner submits that after getting possession of the property they were enjoying the same but the Lekhpal of the locality in collusion with private respondent nos. 2 to 6 have again dispossessed them by dis-mentalling the 'Med".
Under such facts and circumstances, non compliance of the order passed by the writ court as is reproduced above has been alleged and indulgence of the court is sought to interfere in the matter.
The direction of the writ court was limited to ensure that petitioners are delivered possession of the plots allotted to them. It is admitted fact that petitioners were put into possession of the plots allotted to them. In view of such facts any subsequent development may it be encroachment on the property on the failure of the petitioners to protect their possession on which they were put in possession in relation to the plots, which was admittedly handed over to them, will not be a violation of the orders passed by the writ court on 6.2.2020 and, therefore, no case of contempt is made out. The contempt application being devoid of merits deserves to be dismissed and is dismissed.
Order Date :- 9.9.2020 S.K.S.