IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALAHABAD,

LCUKNOW BENCH, LUCKNOW

CRIMINAL MISC. CASE NO. (C) OF 2024

1- Prem Chandra Verma S/O Shri Awadh Behari Lal R/O Village-
Rasauli,Pargana Pratapganj, Tehsil-Nawabganj Distt-Barabanki
2- Jang Bahadur Patel S/O Late Nanhe Lal R/O Mohalla Mayur Vihar
Colony (Obri) Pargana & Tehsil-Nawabganj Barabanki .
………….. Petitioners
VERSUS
1. Brigadier Akhil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
2. Shri Nikhil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
3. Shri Salil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
4. Smt. Kanta Dogra W/O Late P.R.Dogra R/O 3/96 Vikas Khand Gomti
Nager Lucknow
....Contemnor/Opposite party
Application For rejection of Discharge Application filed by O.P. no-4
The above named Petitioner most respectfully prayed
as under-
The for the facts, reason and circumstances given in the
accompanying affidavit filed in support of this application, it is most
respectfully prayed this Hon’ble Court may kindly be please to reject
the discharge application filed by O.P. no-4 and punish him by
awarding severe punishment due to willfully disobedience and
dishonor to the order & directions dated 12.12.2022 passed by this
Hon’ble court in Writ petition No-9855/2013 Writ-C “ Prem Chandra
Verma & Another V/S State of U.P. & others”. This Hon’ble Court
further be pleased to attach the movable and immovable properties
of the aforesaid contemnor/ opposite party no-4 for ensuring the
compliance of the aforementioned order passed by this Hon’ble
court.
Such further orders as may be deemed fit and proper in
the circumstances of the case may also kindly be passed.
Lucknow.
Dated .2024 (Arvind K. Verma )
Advocate
Counsel for the Petitioner
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD,
LCUKNOW BENCH, LUCKNOW
CRIMINAL MISC. CASE NO. (C) OF 2024

1- Prem Chandra Verma S/O Shri Awadh Behari Lal R/O Village-
Rasauli,Pargana Pratapganj, Tehsil-Nawabganj Distt-Barabanki
2- Jang Bahadur Patel S/O Late Nanhe Lal R/O Mohalla Mayur Vihar
Colony (Obri) Pargana & Tehsil-Nawabganj Barabanki .

………….. Petitioner
VERSUS
1. Brigadier Akhil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
2. Shri Nikhil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
3. Shri Salil Dixit S/O Shri Brij Mohan Dixit, R/O Village & Post
Aurangabad, Tehsil-Misrikh, Distt-Sitapur.
4. Smt. Kanta Dogra W/O Late P.R.Dogra R/O 3/96 Vikas Khand Gomti
Nager Lucknow
....Contemnor/Opposite party
. AFFIDAVIT

I, Jang Bahadur Patel S/O Late Nanhe Lal aged about-38 years

R/O Mohalla Mayur Vihar Colony (Obri) Pargana & Tehsil-Nawabganj

Barabanki, Education-literate , Occupation- Social work. The

deponent do hereby solemnly affirm and state on oath as under:-

1. That the deponent is petitioner no-2 him self in the above-noted

case, and is power of attorney holder of petitioner no-1, as such he

states that he is fully conversant with the facts deposed hereinafter.

2. That , over the plot no-10 the opposite party no-4 has broken wall

and digging land for construction in month of March-2024 as such

present contempt petition has been filed with prayer to punish to the

opposite party no-4 by awarding severe punishment due to reason of

willfully disobedient and dishonor of order & directions dated

24.10.2013 passed by this Hon’ble Court in Writ petition No-

9855/2013 Writ-C “ Prem Chandra Verma & Another V/S State of

U.P. & others”.. The true copy of the complete Writ petition No-

9855/2013 is being annexed herewith as Annexure no-RA-1 to this

affidavit.

3. That contents of aforesaid writ petition supported with documentary

evidence disclose that petitioner has purchased plot no 10 area

270.70 sqm of khasara glot ng 698 situated in Village Obri, Pargana

and Tehsil Nawabganj District Barabanki same was initially recorded

in name of Smt. Haseena Bano, who has done plotting of aforesaid

plot by making 43 plots over the aforesaid land further on 11/7/1963

Smt. Sumitra Wo Shri Jeevan Das purchased plot no 10 of khasara

plot No 698 through a registered sale deed dated 5/11/7/1953 from

the owner Smt. Hasina Bano. Again on 22/1/1969 Smt. Sumitra

Devi, wife of Shri Jeevan Das transferred the aforesaid plot in favour

of Shri Amrit Singh Marwaha through a registered sale deed dated

 22/1/1969 with the same boundaries further on 9.8.1971 -Shri Amrit

Singh Marwaha son of Shri Avtaar Singh Marwaha transferred a

portion of plot no. 10 measuring East-West 80 feet and North-South

37 feet 6 inches total area 0-2-4 through a registered sale deed

dated 9/8/1971 in favour of the petitioner no. 1.

4. That, The petitioner no 1 is old man of 80 years as such he is not

able to manage the property in dispute as such a registered

Mukhtarnama Aam dated 17/7/2013 has been executed by him in

favour of the petitioner no 2. As such having being power of attorney

the petitioner no -2 is expressing his duty, he is fully law abiding

person .

5. That, cause of action for filing instant Contempt Case arises in

month of February -2024 when opposite party no-4 started digging

foundation over land in question as such contempt petition has been

filed immediately, same is not barred by prescribed time limit .

6. That, the opposite party no-4 is trying to takeover possession over

plot no-10 by flouting and doing willful disobedience of Hon’ble Writ

Court’s order whereas predecessor of O.P. no-4 has been clearly

restrained to not make interference over plot no-10 which was in

possession of petitioner .

7. That, considering all facts and peculiar circumstances this Hon’ble

Court has been pleased and passed interim order & directions

dated 24.10.2013.
8. That, admittedly on 16.05.2016 the contemner/opposite party no-4

has purchased plot no-13 through sale deed no-9196 from

respondent no-1,2 &3 as such it is duty of O.P. no-4 to obey the

interim order & directions dated 24.10.2013 in letter & sprits. The

true copy of statement of sale deed in favour of Opposite Party no-4

is being annexed herewith as Annexure no-RA-2 to this affidavit.

9. That, the opposite party no-4 has purchased the plot no-13 but

similarly to his predecessor/respondent no-1,2 &3 the

contemner/respondent no-4 has started exercise to dispossess to

petitioner from his plot no-10 by digging foundation by willfully

doing disobedience of order dated 24.10.2013 passed by

this Hon’ble Court.

10. That, on 21.02.2024 the petitioner again given copy of

order dated 24.10.2013 along with application but respondent no-4

make continue interfering over land in question.

11. That, the petitioner has again given application dated 20.3.2024

along with copy of order dated 24.10.2013 through the registered

post and appealed to ensure compliance of order dated 24.10.2013

passed by this Hon’ble court .

12. That, despite aforesaid applications dated 21.2.2024 and reminder

application dated 20.03.2024 through the registered post the

respondent no-4/contemner is continually doing disobedience of

order dated 24.10.2013 by breaking boundary wall and digging

 foundation over plot no-10 belong to petitioner regarding which this

Hon’ble court has passed order dated 24.10.2013.

13. That it is obligation upon the respondent no-4 to obey the

aforementioned order dated 24.10.2013 passed by this Hon’ble

Court in the correct letter & sprite but he has not done so till date.

14. That, cause of action for contempt of court arises on 21.02.2024

when opposite party no-4 broken wall by the J.C.B Machin and
subsequently started digging foundation .
15. That opposite party/contemnor has committed will full disobedience

and contempt of court as per his capacity.

16. That respondent no-4 having obligatory responsibility for ensuring

the compliance of the order dated 24.10.2013 which are being

knowingly and willingly disobeyed by the contemnor/ respondent no-

4, as such act of contemnor is willful disobedience of the order

passed by this Hon’ble High Court therefore he is liable to be

punished for disobedience and contempt of court .

17. That contemnor/ opposite party was not party in the aforesaid

petition but he has subsequently purchased land under dispute

willfully and further has willful done disobedience of order of this

Hon’ble High Court as such he is liable to punish for contempt of

court.

18. That order dated 24.10.2013 passed by this Hon’ble High Court is

intact effective till date, same has not been challenged by any of

party , neither has been vacated nor suspended or differed till date
 by any court of Law as such same is intact and fully effective till

date.

19. That, limitation of one year of for initiating contempt proceeding has

to be compute from date 21.02.2024 when respondent no-4 has

started willful disobedience .

20. That in view of the aforesaid facts and circumstances detailed herein

above the discharge application filed by O.P. no-4 is liable to be

rejected and he is liable to be punished with severe punishment for

committing contempt willfully and deliberately disobeying the

directions issued by this Hon’ble Court.

Lucknow
Dated .2024 Deponent

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of

paras ……………………………of this affidavit are true to my own
knowledge, and the contents of paras …………………….. are based on
record and the contents of para ………………are based on legal advice.
No part of it is false and nothing material has been concealed.
So, help me God.
LUCKNOW
DATED DEPONENT

I identify the deponent, who has signed Before me. Advocate

Solemnly affirmed before me on . . 2024
At A.M./P.M. by The above named deponent, who is identified by
Sri Arvind Kumar BA-1136/2012 Advocate, High Court,
Allahabad ,Lucknow Bench, Lucknow.
 I have satisfied myself by examining the deponent that he
understands the contents of this affidavit,
which are read over and explained to him by me.

OATH COMMISSIONER
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABD
LUCKNOW BENCH, LUCKNOW
C.M. Application no- of 2024
In re
CRIMINAL MISC. CASE NO. 1390 OF 2024 (C )

Prem Chandra Verma & another ... PETITIONER

VERSUS
Brigadier Akhil Dixit & others ....OPPOSITE PARTY

INDEX
S PARTICULAR Pg
1 Application For rejection of Discharge Application
filed by O.P. no-4
2 Affidavit
3 Annexure no-R-1The true copy of the complete Writ
petition No-9855/2013
4 Annexure no-R-2The true copy of statement of the
sale deed of Opposite Party no-4
5 I.D.

Lucknow
(Arvind K. Verma)
Advocate
Dated .2024 Counsel for the petitioner