Smt. Roop Rani Soni vs Shri Abhay Kumar Singh, Sub Divisional ...
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Allahabad High Court

Smt. Roop Rani Soni vs Shri Abhay Kumar Singh, Sub Divisional ... on 1 October, 2024

Author: Rajeev Singh

Bench: Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:67843
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3939 of 2024
 

 
Applicant :- Smt. Roop Rani Soni
 
Opposite Party :- Shri Abhay Kumar Singh, Sub Divisional Officer, Tehsil Tulsipur, Balrampur
 
Counsel for Applicant :- Madan Gopal Tripathi,Shivam Kumar Mishra
 

 
Hon'ble Rajeev Singh,J.
 

1. Heard learned counsel for the applicant and learned Standing Counsel.

2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 03.04.2024 passed on Writ-C No. 1959 of 2024.

3. Learned counsel for the applicant submits that the writ petition filed by the applicant was allowed vide order dated 3rd April, 2024 with the direction to the Sub Divisional Officer, Tehsil Tulsipur, District Balrampur to pass appropriate orders within a period of six weeks in the light of the order dated 22.06.1994 passed by the Tehsildar, Tulsipur. However, the competent authority, while passing the order dated 31.07.2024, has not considered the observations of the directions of the writ Court. Submission of the learned counsel for the applicant is that the competent authority, at the time of passing the said order dated 31.07.2024, has not considered several facts as well as the revenue record and, therefore, the respondent-Officer is liable to be summoned and punished.

4. Considering the submissions of the learned counsel for the applicant and going through the order of writ Court as well as contents of the order passed by the respondent-Officer, it is evident that the order has already been passed by the competent authority on 31.07.2024. It is well settled that the veracity of the order passed by the competent authority cannot be examined in contempt proceedings.

5. The contempt application, accordingly, stands dismissed.

6. However, it is open to the applicant to challenge the order dated 31.07.2024 passed by the competent authority before appropriate forum, if she so chooses.

Order Date :- 1.10.2024

VKS