Amarjeet Yadav v. Sri Gyanendra Yadav Tehsildar Tehsil Alapur Ambedkarnagar

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1333 of 2020 Applicant :- Amarjeet Yadav Opposite Party :- Sri Gyanendra Yadav Tehsildar Tehsil Alapur Ambedkarnagar Counsel for Applicant :- Rama Niwas Pathak,Sudhir Kumar Pandey Counsel for Opposite Party :- Prabhakar Tiwari Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner and Sri Prabhakar Tiwari, learned counsel for the opposite party.

¶2Sri Prabhakar Tiwari has stated that he has provided the copy of affidavit of compliance to learned counsel for the petitioner and he may upload the same within 24 hours. He has drawn the attention of the Court towards enclosures wherein it has been indicated that the Competent Authority has passed the order for removal of illegal encroachment and as per the spot memo, wherein some villagers including the petitioner have made signatures, indicates that the illegal encroachment in question has been removed on 04.05.2023 itself.

¶3Learned counsel for the petitioner has stated that the villagers have made signatures under compulsion but as a matter of fact, the aforesaid encroachment has been removed.

¶4Be that as it may, since the authority has passed the appropriate order and on the basis of aforesaid order, the illegal encroachment has been removed and spot memo has been prepared wherein some villagers including the petitioner have made signatures, there is no purpose to keep this contempt petition pending any longer.

¶5Accordingly, the instant contempt petition is dismissed.

¶6Notice, if any, stands discharged.

¶7However, if the petitioner is still aggrieved from any inaction on the part of the private person, he may take legal recourse before the appropriate court of law. [Rajesh Singh Chauhan,J.] Order Date :- 16.12.2023 kkv/ High Court of Judicature at Allahabad, Lucknow Bench