Contempt Plea Not Means To Arm Twist Or Harass: Allahabad High Court Imposes ₹50K Cost
Recently, the Allahabad High Court imposed a cost of Rs. 50,000 on a contempt applicant alleging that the Gaon Sabha had not removed encroachments as per the directions of the Writ Court.Applicant pleaded that the Lekhpal in his report had stated that the plots in question were drainage, however, had been wrongly recorded and accordingly, he recommended correction of the records. Based on...
Recently, the Allahabad High Court imposed a cost of Rs. 50,000 on a contempt applicant alleging that the Gaon Sabha had not removed encroachments as per the directions of the Writ Court.
Applicant pleaded that the Lekhpal in his report had stated that the plots in question were drainage, however, had been wrongly recorded and accordingly, he recommended correction of the records. Based on this report, it was pleaded that the opposite parties had not removed the encroachments despite the order of the High Court and recommendations of the Lekhpal.
The Court observed that the applicant had other remedies for removal of encroachments. It was observed that only after the revenue entries are corrected under Section 38 of the Uttar Pradesh Revenue Code, 2006, the encroachments can be removed.
Observing that in such cases contempt proceedings could not be initiated under the Contempt of Courts Act, 1971, Justice Salil Kumar Rai held
“The contempt application appears to be a case of arm twisting and a means to harass the persons who are in possession of the plots. The application is a misuse of the process of Court.”
Accordingly, the Court dismissed the contempt application with a cost of Rs. 50,000 recoverable as arrears of land revenue.
Case Title: Shiv Shankar v. Ravindra Kumar Mandar, District Collector And 2 Others [CONTEMPT APPLICATION (CIVIL) No. - 491 of 2025]
