Allahabad High Court
Vinod Kumar Srivastava vs Garima Verma Tehsildar Tehsil Lalganj ... on 12 August, 2025
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:47083 Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1563 of 2025 Applicant :- Vinod Kumar Srivastava Opposite Party :- Garima Verma Tehsildar Tehsil Lalganj Distt. Pratapgarh Counsel for Applicant :- Rudra Mani Shukla Hon'ble Jaspreet Singh,J.
1. Heard Shri Rudra Mani Shukla, learned counsel for the petitioner.
2. The instant petition has been preferred alleging violation of non compliance of the order dated 09.09.2024 passed in PIL (WPIL) No.761 of 2024 wherein the writ court in paragraphs-5 and 6 had provided certain directions which have been reproduced hereinafter for ease of reference:
"5. Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.
6. Accordingly, without entering into merits of the case, the writ petition is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such an application is made within two weeks from today, the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law, say within a period of four months."
3. Upon notices issued in the instant contempt petition, today the learned Additional Chief Standing Counsel Shri Shunil Bajpai has filed a short counter-affidavit wherein it has been stated that in furtherance of the order passed in PIL (WPIL) No.761 of 2024 proceedings under section 67 of the U.P. Revenue Code 2006 were initiated and an eviction order was passed.
4. Against the said order, the respondent in proceedings under section 67 of the Code of 2006 had preferred an appeal before the District Judge concerned which was dismissed and thereafter the matter came up before this Court in Writ-C No.7494 of 2025 wherein the writ petition preferred by the respondent in the proceedings under section 67 of the Code of 2006, was allowed and the District Magistrate was directed to pass fresh orders in pursuance of the order dated 28.11.2008 and further it was provided that in the fresh orders are passed, no coercive measure shall be taken against the petitioner in the said Writ-C No.7494 of 2025. A copy of the said order has also been annexed as annexure no.3 with the short counter-affidavit filed today.
5. In the aforesaid given facts and circumstances, once the direction which was issued in the PIL (WPIL) No.761 of 2024 was only to the extent of deciding the proceedings under section 67 within a period of four months which has been complied with. In exercise of hierarchy as provided in the Cord of 2006, if the order has been set aside and the matter has been remanded, it cannot be said that the officer concerned i.e. Tehsildar has violated the order as insofar as the Tehsildar is concerned the proceedings were already decided.
6. In view of the aforesaid, it cannot be said that there is any contempt for violation, this Court is satisfied that the order passed by the writ court in PIL (WPIL)761 of 2024 stands complied with. No further orders are required. The contempt petition is dismissed. Notices if any stands discharged.
Order Date :- 12.8.2025 ank