Phool Chandra Shukla v. State of UP and

Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 221 of 2025 Applicant :- Hanuman Prasad Verma And Another Opposite Party :- Shri Manoj Kumar Sonkar Conservator Of Forest Devi Patan Circle U.P. Gonda Counsel for Applicant :- Krishna Madhav Shukla Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicants and Shri Shailendra Singh, learned Chief Standing Counsel assisted by Shri Mohit Johri, learned Standing Counsel for the opposite party.

2. The present application has been filed with the prayer to summon and punish the opposite party for wilful and deliberate defiance of the order dated 21.11.2024 passed by the Writ Court in Writ A No.5436 of 2023 (Phool Chandra Shukla Vs. State of UP and 3 Ors.).

3. On 06.05.2025 and 20.05.2025, following orders were passed: Order dated 06.05.2025 "1. Heard learned counsel for the petitioners as well as Sri M. Jauhari, learned counsel for the respondents. 2. This Court on 21.04.2025 had passed the following order which reads as under:- "Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present before the Court in differences to the order dated 27.03.2025. A short counter-affidavit has been filed indicating that sometime is required as the order of which compliance is being sought is sought to be challenged by filing a Special Leave Petition. It is also stated that the order of which parity is sought also is sought to be challenged before the Apex Court. Apparently as of today the order passed by the writ court dated 21.11.2024 passed in Writ-A No.5436 of 2023 has not been put under challenge. In the said order, it was found that the petitioners are entitled to the parity to the case of Kashi Ram. It is also not disputed as of today the issue of Kashi Ram stands settled; inasmuch as the order of Kashi Ram was challenged in a intra court appeal which came to be dismissed on 09.01.2020. Since then, there has been no challenge at this stage if the respondent seeks to challenge that after five years, cannot be a bonafide reason to deny compliance. Apparently, the order passed by the writ court is not complied with. List this matter on 6th of may, 2025, on which date, the Officer concerned shall again appear in person for framing of charges." 3. Today, again, Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present in person before this Court. 4. A specific query was put to the officer concerned as to whether the order passed by the writ court has been complied with or not. In response, Sri Sonkar has submitted that the Department has filed a special appeal with delay on 02nd May, 2025 and another appeal of similar nature has been filed on the 05th May, 2025 and the said Special Appeals are likely to be taken up in the near future in the coming week and submits that he may be granted time to await the outcome of the said special appeals. 5. Having considered the aforesaid submissions of Sri Sonkar and considering the material available on record, it is clear that the order passed by the Writ Court dated 21.11.2024 had not been put to challenge. In the said order, the petitioner was granted the benefit of an order passed in the earlier petition in the case of Kashi Ram. Now, after a long time, the special appeals are said to have been filed. 6. Be that as it may, the fact still remains that on 21.04.2025, it had been informed to the Court that the special appeals will be filed but taking the matter casually, the appeals came to be filed only two or three days prior to the date fixed today which was for framing of charges. 7. The submission as well as the defence as stated by the officer does not appear to be bonafide, accordingly, this Court has no option but to frame the charge as under:- "Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda, who is present in Court, is required to show cause as to why he should not be punished for committing willful and deliberate disobedience of the order passed by the writ court dated 21.11.2024 passed in Writ-A No. 5436 of 2023." 8. The reply to the aforesaid charge shall be filed up to the date fixed. 9. List this matter on 20th May, 2025. 10. The officer concerned shall again appear in person on 20th May, 2025 to answer the charge so framed. " Order dated 20.05.2025 "1. Application for grant of time filed by Shri Shailendra Singh, learned Chief Standing Counsel is taken on record. He has submitted that he is trying his best to obtain favourable order in the pending SLP which is listed today. 2. It is evident from the record that on 06.05.2025, charge was already framed against opposite party. 3. Order dated 06.05.2025 is as under: "1. Heard learned counsel for the petitioners as well as Sri M. Jauhari, learned counsel for the respondents. 2. This Court on 21.04.2025 had passed the following order which reads as under:- "Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present before the Court in differences to the order dated 27.03.2025. A short counter-affidavit has been filed indicating that sometime is required as the order of which compliance is being sought is sought to be challenged by filing a Special Leave Petition. It is also stated that the order of which parity is sought also is sought to be challenged before the Apex Court. Apparently as of today the order passed by the writ court dated 21.11.2024 passed in Writ-A No.5436 of 2023 has not been put under challenge. In the said order, it was found that the petitioners are entitled to the parity to the case of Kashi Ram. It is also not disputed as of today the issue of Kashi Ram stands settled; inasmuch as the order of Kashi Ram was challenged in a intra court appeal which came to be dismissed on 09.01.2020. Since then, there has been no challenge at this stage if the respondent seeks to challenge that after five years, cannot be a bonafide reason to deny compliance. Apparently, the order passed by the writ court is not complied with. List this matter on 6th of may, 2025, on which date, the Officer concerned shall again appear in person for framing of charges." 3. Today, again, Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present in person before this Court. 4. A specific query was put to the officer concerned as to whether the order passed by the writ court has been complied with or not. In response, Sri Sonkar has submitted that the Department has filed a special appeal with delay on 02nd May, 2025 and another appeal of similar nature has been filed on the 05th May, 2025 and the said Special Appeals are likely to be taken up in the near future in the coming week and submits that he may be granted time to await the outcome of the said special appeals. 5. Having considered the aforesaid submissions of Sri Sonkar and considering the material available on record, it is clear that the order passed by the Writ Court dated 21.11.2024 had not been put to challenge. In the said order, the petitioner was granted the benefit of an order passed in the earlier petition in the case of Kashi Ram. Now, after a long time, the special appeals are said to have been filed. 6. Be that as it may, the fact still remains that on 21.04.2025, it had been informed to the Court that the special appeals will be filed but taking the matter casually, the appeals came to be filed only two or three days prior to the date fixed today which was for framing of charges. 7. The submission as well as the defence as stated by the officer does not appear to be bonafide, accordingly, this Court has no option but to frame the charge as under:- "Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda, who is present in Court, is required to show cause as to why he should not be punished for committing willful and deliberate disobedience of the order passed by the writ court dated 21.11.2024 passed in Writ-A No. 5436 of 2023." 8. The reply to the aforesaid charge shall be filed up to the date fixed. 9. List this matter on 20th May, 2025. 10. The officer concerned shall again appear in person on 20th May, 2025 to answer the charge so framed. " 4. List this case on 10.07.2025 at 11:30 AM along with Contempt Application (Civil) No.221 of 2025. 5. On the next date, affidavit of compliance be filed, failing which, appropriate order shall be passed. 6. It is also open to the opposite party to file reply to the charge framed against him. 7. Officer present today shall again appear in person before this Court on the next date. "

4. In pursuance of earlier order, Shri Shailendra Singh, learned Chief Standing Counsel has filed application for taking reply to charge on record as well as application for discharge, which is taken on record. He has also informed that presently, Shri Manoj Kumar Sonkar is working as Chief Conservator of Forest, Sadar Region, Prayagraj, UP and Dr. Sammaran M. is working as Conservator of Forest, Devi Patan Mandal, Gonda, UP. He has further drawn attention of this Court on the Annexure no.3 of the aforesaid affidavit and submitted that in compliance of direction of Writ Court, formal order dated 03.07.2025 has already been passed and benefits in pursuance of the aforesaid order shall be credited in the account of applicants very soon.

5. Considering the submission of counsel for the opposite party, going through the contents of application, affidavit filed on behalf of Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Sadar Region, Prayagraj, UP (the then Conservator of Forest, Devi Patan Mandal, Gonda, UP) as well as other relevant documents, it is evident that the order of Writ Court has already been complied with, therefore, no contempt is made out against the opposite party.

6. Accordingly, the present contempt application is hereby dismissed.

7. However, it is open to the applicants to file recall application, in case, the amount in terms of order passed by competent authority is not credited in their account within a period of one month. Order Date :- 10.7.2025 V. Sinha VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 221 of 2025 Applicant :- Hanuman Prasad Verma And Another Opposite Party :- Shri Manoj Kumar Sonkar Conservator Of Forest Devi Patan Circle U.P. Gonda Counsel for Applicant :- Krishna Madhav Shukla Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicants and Shri Shailendra Singh, learned Chief Standing Counsel assisted by Shri Mohit Johri, learned Standing Counsel for the opposite party.

2. The present application has been filed with the prayer to summon and punish the opposite party for wilful and deliberate defiance of the order dated 21.11.2024 passed by the Writ Court in Writ A No.5436 of 2023 (Phool Chandra Shukla Vs. State of UP and 3 Ors.).

3. On 06.05.2025 and 20.05.2025, following orders were passed: Order dated 06.05.2025 "1. Heard learned counsel for the petitioners as well as Sri M. Jauhari, learned counsel for the respondents. 2. This Court on 21.04.2025 had passed the following order which reads as under:- "Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present before the Court in differences to the order dated 27.03.2025. A short counter-affidavit has been filed indicating that sometime is required as the order of which compliance is being sought is sought to be challenged by filing a Special Leave Petition. It is also stated that the order of which parity is sought also is sought to be challenged before the Apex Court. Apparently as of today the order passed by the writ court dated 21.11.2024 passed in Writ-A No.5436 of 2023 has not been put under challenge. In the said order, it was found that the petitioners are entitled to the parity to the case of Kashi Ram. It is also not disputed as of today the issue of Kashi Ram stands settled; inasmuch as the order of Kashi Ram was challenged in a intra court appeal which came to be dismissed on 09.01.2020. Since then, there has been no challenge at this stage if the respondent seeks to challenge that after five years, cannot be a bonafide reason to deny compliance. Apparently, the order passed by the writ court is not complied with. List this matter on 6th of may, 2025, on which date, the Officer concerned shall again appear in person for framing of charges." 3. Today, again, Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present in person before this Court. 4. A specific query was put to the officer concerned as to whether the order passed by the writ court has been complied with or not. In response, Sri Sonkar has submitted that the Department has filed a special appeal with delay on 02nd May, 2025 and another appeal of similar nature has been filed on the 05th May, 2025 and the said Special Appeals are likely to be taken up in the near future in the coming week and submits that he may be granted time to await the outcome of the said special appeals. 5. Having considered the aforesaid submissions of Sri Sonkar and considering the material available on record, it is clear that the order passed by the Writ Court dated 21.11.2024 had not been put to challenge. In the said order, the petitioner was granted the benefit of an order passed in the earlier petition in the case of Kashi Ram. Now, after a long time, the special appeals are said to have been filed. 6. Be that as it may, the fact still remains that on 21.04.2025, it had been informed to the Court that the special appeals will be filed but taking the matter casually, the appeals came to be filed only two or three days prior to the date fixed today which was for framing of charges. 7. The submission as well as the defence as stated by the officer does not appear to be bonafide, accordingly, this Court has no option but to frame the charge as under:- "Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda, who is present in Court, is required to show cause as to why he should not be punished for committing willful and deliberate disobedience of the order passed by the writ court dated 21.11.2024 passed in Writ-A No. 5436 of 2023." 8. The reply to the aforesaid charge shall be filed up to the date fixed. 9. List this matter on 20th May, 2025. 10. The officer concerned shall again appear in person on 20th May, 2025 to answer the charge so framed. " Order dated 20.05.2025 "1. Application for grant of time filed by Shri Shailendra Singh, learned Chief Standing Counsel is taken on record. He has submitted that he is trying his best to obtain favourable order in the pending SLP which is listed today. 2. It is evident from the record that on 06.05.2025, charge was already framed against opposite party. 3. Order dated 06.05.2025 is as under: "1. Heard learned counsel for the petitioners as well as Sri M. Jauhari, learned counsel for the respondents. 2. This Court on 21.04.2025 had passed the following order which reads as under:- "Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present before the Court in differences to the order dated 27.03.2025. A short counter-affidavit has been filed indicating that sometime is required as the order of which compliance is being sought is sought to be challenged by filing a Special Leave Petition. It is also stated that the order of which parity is sought also is sought to be challenged before the Apex Court. Apparently as of today the order passed by the writ court dated 21.11.2024 passed in Writ-A No.5436 of 2023 has not been put under challenge. In the said order, it was found that the petitioners are entitled to the parity to the case of Kashi Ram. It is also not disputed as of today the issue of Kashi Ram stands settled; inasmuch as the order of Kashi Ram was challenged in a intra court appeal which came to be dismissed on 09.01.2020. Since then, there has been no challenge at this stage if the respondent seeks to challenge that after five years, cannot be a bonafide reason to deny compliance. Apparently, the order passed by the writ court is not complied with. List this matter on 6th of may, 2025, on which date, the Officer concerned shall again appear in person for framing of charges." 3. Today, again, Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda is present in person before this Court. 4. A specific query was put to the officer concerned as to whether the order passed by the writ court has been complied with or not. In response, Sri Sonkar has submitted that the Department has filed a special appeal with delay on 02nd May, 2025 and another appeal of similar nature has been filed on the 05th May, 2025 and the said Special Appeals are likely to be taken up in the near future in the coming week and submits that he may be granted time to await the outcome of the said special appeals. 5. Having considered the aforesaid submissions of Sri Sonkar and considering the material available on record, it is clear that the order passed by the Writ Court dated 21.11.2024 had not been put to challenge. In the said order, the petitioner was granted the benefit of an order passed in the earlier petition in the case of Kashi Ram. Now, after a long time, the special appeals are said to have been filed. 6. Be that as it may, the fact still remains that on 21.04.2025, it had been informed to the Court that the special appeals will be filed but taking the matter casually, the appeals came to be filed only two or three days prior to the date fixed today which was for framing of charges. 7. The submission as well as the defence as stated by the officer does not appear to be bonafide, accordingly, this Court has no option but to frame the charge as under:- "Sri Manoj Kumar Sonkar, Chief Conservator of Forest, Devi Patan Circle, U.P. Gonda, who is present in Court, is required to show cause as to why he should not be punished for committing willful and deliberate disobedience of the order passed by the writ court dated 21.11.2024 passed in Writ-A No. 5436 of 2023." 8. The reply to the aforesaid charge shall be filed up to the date fixed. 9. List this matter on 20th May, 2025. 10. The officer concerned shall again appear in person on 20th May, 2025 to answer the charge so framed. " 4. List this case on 10.07.2025 at 11:30 AM along with Contempt Application (Civil) No.221 of 2025. 5. On the next date, affidavit of compliance be filed, failing which, appropriate order shall be passed. 6. It is also open to the opposite party to file reply to the charge framed against him. 7. Officer present today shall again appear in person before this Court on the next date. "

4. In pursuance of earlier order, Shri Shailendra Singh, learned Chief Standing Counsel has filed application for taking reply to charge on record as well as application for discharge, which is taken on record. He has also informed that presently, Shri Manoj Kumar Sonkar is working as Chief Conservator of Forest, Sadar Region, Prayagraj, UP and Dr. Sammaran M. is working as Conservator of Forest, Devi Patan Mandal, Gonda, UP. He has further drawn attention of this Court on the Annexure no.3 of the aforesaid affidavit and submitted that in compliance of direction of Writ Court, formal order dated 03.07.2025 has already been passed and benefits in pursuance of the aforesaid order shall be credited in the account of applicants very soon.

5. Considering the submission of counsel for the opposite party, going through the contents of application, affidavit filed on behalf of Shri Manoj Kumar Sonkar, Chief Conservator of Forest, Sadar Region, Prayagraj, UP (the then Conservator of Forest, Devi Patan Mandal, Gonda, UP) as well as other relevant documents, it is evident that the order of Writ Court has already been complied with, therefore, no contempt is made out against the opposite party.

6. Accordingly, the present contempt application is hereby dismissed.

7. However, it is open to the applicants to file recall application, in case, the amount in terms of order passed by competent authority is not credited in their account within a period of one month. Order Date :- 10.7.2025 V. Sinha VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench