'Officials Take Pride In Flouting Judicial Orders': Allahabad HC Mulls Ordering Collector, SDM To Reconstruct Demolished Structure

The Allahabad High Court recently came down heavily on the Collector, Sub-Divisional Magistrate and Tehsildar of Baghpat district for allegedly demolishing a woman's house in violation of the HC's interim stay order, remarking that executive officers in the State seem to derive a “sense of achievement” from flouting judicial directions. "There seems to have come about a culture amongst the Executive Officers of the State, particularly, those in the Police and Civil administration to find a kind of pride in flouting judicial orders. It seems to give them a sense of achievement, rather than make them feel the guilt of being offenders”, a bench of Justice JJ Munir remarked. Noting that it won't take the matter 'lightly', the court directed all three officials to file their personal affidavits by July 7, 2025, explaining why the building demolished in breach of the Court's order, "be not ordered to be reconstructed by them and restored to its original shape at Government costs". Briefly put, the petitioner (Smt. Chhama) had secured an interim injunction from the High Court on May 15, 2025, wherein eviction and demolition proceedings initiated against her under Section 67 of the UP-Revenue Code were stayed. In its order, the Court had specifically directed that “constructions of the petitioner shall not be demolished” and it also restrained any recovery in pursuance of the demolition order passed on July 5, 2024. However, on May 16, 2025, a team of revenue officials, allegedly led by the SDM and Tehsildar and assisted by the police, proceeded to raze her house despite being shown a physical copy of the Court's order passed a day before. The petitioner then moved the present application under Article 215 of the Constitution to 'punish' the opposite parties, namely: Avnish Tripathi, Sub Divisional Magistrate, Tehsil-Sadar, District Baghpat, Abhishek Kumar, Tehsildar, Tehsil-Sadar, District Baghpat, Deepak Sharma, Revenue Inspector, Tehsil-Sadar, District Baghpat and Mohit Tomar, Lekhpal posted at Baghpat, for 'wilfully disobeying' the order of the HC. The application also contained photographs which, the Court noted, clearly showed that the officers were “reading the order (of the HC) while the demolition was in progress” and yet chose to proceed. In this regard, the Court also observed that even if there is a delay in uploading of the order and it has been passed in the presence of the Standing Counsel, and if the petitioner asserts that a stay order has been passed, "it becomes the duty of the Authorities to lay their hands back off something as drastic as demolition, until such time that the fact of a stay order being passed by this Court is verified". Thus, observing that “any action done, whatever be its nature, in violation of a judicial order, is a nullity”, the bench prima facie said that the demolition in the instant case had been carried out in violation of the interim order of the HC. Furthermore, noting that the demolition is a “physical act which, once accomplished, leaves only two choices to the Court to undo the wrong—award of damages, or restitution,” the Court added that “this might be a case where restitution ought be ordered, requiring the State to reconstruct”. Thus, issuing notices to the concerned officials, the bench has called for their responses and has posted the matter for a hearing on July 7 at 2 pm.Also read: 'Troubling Pattern Of Bulldozer Justice': Orissa High Court Orders Recovery Of ₹2 Lakh From Salary Of Tahasildar For Illegal Demolition

'Officials Take Pride In Flouting Judicial Orders': Allahabad HC Mulls Ordering Collector, SDM To Reconstruct Demolished Structure

Sparsh Upadhyay

Tags