The Allahabad High Court has held that the second petition cannot be a substitute for a contempt petition, if the order is not complied with.
The Division Bench of Justice Sunita Agarwal and Justice Vikram D. Chauhan heard the PIL filed by Ali Ahmad.
This is a wholly misconceived petition filed by the petitioner who had earlier filed a writ petition, wherein similar issues were raised.
The said writ petition was disposed of on 29.01.2018 with the direction to the petitioner to make a fresh representation before the respondents who were supposed to decide the said representation within a time-bound period stated in the judgement and order dated 29.1.2018.
The Court noted, in the admitted case of the petitioner, the representation allegedly filed by him was not decided by the competent authority. No proceeding for contempt for violation of the order passed by the Court has been undertaken by the petitioner.
The Court held that the petition cannot be treated as a substitute to the contempt petition.
“Even otherwise, no relevant details have been given by the petitioner about the forest land which according to him is being encroached upon and the trees allegedly being cut by some unknown person. There is no description or detail of any unauthorized occupant or the person who is cutting the forest trees according to the petitioner. In absence of relevant details, we do not find any substance in the petition,” the Court observed while dismissing the petition.
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