SUNITA AGARWAL, VIKAS BUDHWAR
Vinod Kumar Gupta – Appellant
Versus
Veer Bahadur Yadav, S. D. M. – Respondent
JUDGMENT :
Vikas Budhwar, J.
1. This intra-court appeal is against the judgment and order dated 17.03.2023 passed by the learned Single Judge exercising contempt jurisdiction in Contempt Application (Civil) No.1894 of 2023, by which the learned Single Judge upon finding that the opposite party has not committed contempt, has declined to initiate proceedings for contempt.
2. The case of the writ petitioner before the Contempt Court was that on 07.09.2022 in Public Interest Litigation (PIL) No. 1686 of 2022 (Vinod Kumar Gupta and others vs. State of U.P. and 3 others), liberty was accorded to the appellant-petitioner to approach the appropriate forum under Section 67 of the U.P. Revenue Code, 2006 for removal of encroachments on the public land, however, despite the fact that the appellant-writ petitioner represented his cause before the competent authority on 21.09.2022, 01.10.2022 and 15.02.2023, no action was taken at the level of the opposite parties, which occasioned the appellant-writ petitioner to institute contempt petition alleging disobedience of the orders of the Writ-Court.
3. Submission is that a clear cut case of contempt is made out against the opposite parties, but the le
Sheo Charan vs. Nawal and others
State of Maharashtra vs. Mahboob S. Allibhoy and another reported in (1996) 4 SCC 411
Sujitendra Nath Singh Roy vs. State of West Bengal and others reported in (2015) 12 SCC 514
Rizwan-ul-Hasan v State of Uttar Pradesh
Pursottam Dass v. B.S. Dhillan
Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda (2006) 5 SCC 399.
Durga Nagpal Vs. Committee of Management, Patronage Institute of Management Studies
D.N. Taneja vs. Bhajan Lal reported in 1988 (3) SCC 26
Baradakant Mishra vs. Justice Gatikrushna Misra reported in (1975) 3 SCC 535
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