Allahabad High Court
Madhup Narain Shukla vs Sri Chandra Bhushan Pratap, Tehsildar on 28 July, 2021
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5477 of 2020 Applicant :- Madhup Narain Shukla Opposite Party :- Sri Chandra Bhushan Pratap, Tehsildar Counsel for Applicant :- In Person Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 06.03.2018 passed in Public Interest Litigation No.3020 of 2018 (Madhup Narayan Shukla vs. State of U.P. and 5 Others). The operative portion of the order is reproduced hereinbelow:-
"Heard Shri Madhup Narain Shukla, appearing in person and the learned standing counsel for the respondents no. 1 to 4.
The petitioner in the writ petition is seeking a direction to the respondents to remove the illegal encroachment over the Gata No. 751 and 755 situated in village Balarey and North side of Revenue Village Saharayen, which is stated to be recorded as chak marg in the revenue record. The relevant extract of revenue record has been filed as Annexure-1 to the writ petition.
No useful purpose would be served in keeping this writ petition pending.
This writ petition is therefore disposed of with a direction to the respondent no. 4-Tehsildar Tehsil Harraiya District Basti to enquire into the matter and take appropriate action in accordance with law within a period of two months from the date of receipt of the certified copy of this order.
It is made clear that the court has not adjudicated the claim of the petitioner on merit."
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 28.7.2021 Swati