Allahabad High Court
Satya Narayan Yadav vs Smt. Akansha Mishra, Tahsildar on 11 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195957
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7444 of 2023
Applicant :- Satya Narayan Yadav
Opposite Party :- Smt. Akansha Mishra, Tahsildar
Counsel for Applicant :- Mithilesh Kumar Ojha
Hon'ble Rohit Ranjan Agarwal,J.
1. The writ Court on 28.03.2022 while disposing off the Writ-C No. 5659 of 2022 passed the following order;
"Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 to 3 , and Sri Azad Rai, learned counsel for respondent No.5.
In view of the order proposed to be passed, notices need not be sent to the respondent No.4.
The petitioner has preferred the present writ petition inter-alia with the prayer to direct the respondent No.3/Tehsildar, Tehsil Handia District Allahabad to conclude the Case No.1189 of 2020 (Computer Case No.T202002030403590) (Gaon Sabha Vs. Kunvar Bahadur) filed under Section 67 of U.P. Land Revenue Code, 2006 expeditiously.
It is argued by learned counsel for petitioner that Sub Section 6 of Section 67 of Code Rules, 2016 provided that the Assistant Collector shall make an endevour to conclude the proceedings initiated under Section 67 of U.P. Revenue Code, 2006 within a period of 90 days from the date of issuance of show cause notice. The aforesaid Rule is quoted below:-
"(6) The Assistant Collector shall make an endeavour to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice and if the proceeding is not concluded within such period the reasons for the same shall be recorded."
It is argued that despite the aforesaid provision, considerable time has already been lapsed but till date the proceedings have not been concluded.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, this writ petition is disposed of directing the respondent No.3/Tehsildar, Tehsil Handia District Allahabad to conclude the proceedings of aforesaid case expeditiously and preferably within a period of four months from the date of production of certified copy of this order but after providing opportunity of hearing to all the parties concerned, if there is no legal impediment."
2. From perusal of the order of writ Court it is clear that a direction was issued to conclude the proceedings under Section 67 of U.P. Revenue Code, 2006. It appears that contempt proceedings were launched by the applicant by filing Contempt Application (Civil) No. 5538 of 2022 wherein on 15.09.2022 following order was passed;
"Heard learned counsel for the applicant.
The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 28.03.2022 passed by this Court in Writ Petition No. 5659 of 2022.
It is contended that applicant had approached writ Court through aforesaid writ petition, which was disposed of vide order dated 28.03.2022. Copy of the order of writ Court was served upon opposite party on 07.04.2022, but according to the applicant, the said order has not been complied with by the opposite party till date.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party is granted three months? further time to comply with the order dated 28.03.2022 passed by this Court in Writ Petition No. 5659 of 2022 from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage."
3. From perusal of the order aforesaid it is clear that a last opportunity was granted to the opposite party to comply the order of writ Court within three months. It appears that thereafter second contempt application was filed being Contempt Application (Civil) No. 2640 of 2023 which was dismissed on 07.08.2023 and following order was passed;
"1. It is case where proceedings under Section 67 of the U.P. Revenue Code, 2006 has been directed to the concluded.
2. Learned Standing Counsel states that the opposite party has concluded the said proceedings and decided the same on 21.07.2023 and 04.08.2023.
3. As the order of the writ Court has been complied with and the order under Section 67 of the U.P.Revenue Code, 2006 has been passed, the contempt application has rendered infructuous and stands dismissed.
4. Contempt notice stands discharged. "
4. From perusal of the paragraph nos. 2 and 3 of the said order it is clear that as the proceedings under Section 67 of the U.P. Revenue Code, 2006 had concluded on 21.07.2023 and 04.08.2023 the contempt application was rendered infructuous and same was dismissed and contempt notices were discharged.
5. Now a third contempt application has been filed by the applicant alleging that order of writ Court has not been complied by the opposite party.
6. This Court finds that as Contempt Application (Civil) No. 2640 of 2023 has already been dismissed by this Court on the ground that proceedings under Section 67 of U.P. Revenue Code, 2006 has already been concluded, no case for contempt is made out.
7. Contempt application is misconceived and same is dismissed, accordingly.
Order Date :- 11.10.2023
Shekhar
