Rajesh Kumar Singh vs Sri Pradeep Kumar Singh, Tehsildar ...
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Allahabad High Court

Rajesh Kumar Singh vs Sri Pradeep Kumar Singh, Tehsildar ... on 12 November, 2024

Author: Alok Mathur

Bench: Alok Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74561
 
Court No. - 6
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4327 of 2024
 

 
Applicant :- Rajesh Kumar Singh
 
Opposite Party :- Sri Pradeep Kumar Singh, Tehsildar Tehsil Milkipur Distt. Faizabad
 
Counsel for Applicant :- Ashutosh Dhar Dubey,Roshani Pandey
 

 
Hon'ble Alok Mathur,J.
 

1. Heard learned counsel for the applicant.

2. By means of present contempt application applicant has alleged deliberate and wilful non-compliance of judgment and order dated 22.07.2024, passed by the writ Court in Writ Petition under Article 227 No. 3305 of 2024 - Rajesh Kumar Singh Vs. State of U.P. and Others.

3. Grievance raised by the applicant in Writ Petition under Article 227 No. 3305 of 2024 was with regard to pendency of application under Section 34 of the U.P. Revenue Code, 2006 and had approached the the writ Court seeking direction to the respondents therein for expeditiously disposal of the same. The writ Court had disposed of the petition with direction to the respondents therein to expedite the said proceedings and consider and decide the application of the petitioner after affording opportunity of hearing to the petitioner, without granting any unnecessary adjournment to either of the party as expeditiously as possible.

4. This Court has perused the order sheet of the case, according to which on four dates after presentation of the order i.e. 06.08.2024, 12.08.2024 and 20.08.2024 there was bycott by the local Bar Association and none of the parties appeared before the Court. Subsequently, the order sheet indicates that evidence of witness namely Kuldeep has been duly recorded and matter has been listed to cross examination by the counsel for the applicant.

5. This Court finds that the matter is being regularly listed and it cannot be said that proceedings have not been expedited by the opposite party, the proceedings are pending due to the reason which is clearly disclosed in the order sheet itself.

6. Accordingly, this Court does not find any reason for initiating contempt proceedings against opposite party at this stage and hence present contempt petition stands dismissed.

7. However, it is provided that in case application under Section 34 of the U.P. Revenue Code, 2006, is not decided within next two months, the applicant shall be at liberty to move fresh contempt application. This order is subject to the cooperation by the petitioner in the proceedings before the opposite party.

Order Date :- 12.11.2024

A. Verma

(Alok Mathur, J.)