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Neutral Citation No. - 2025:AHC:28407 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7728 of 2024 Applicant :- Samodhan Opposite Party :- Mr. Atul Gupta Counsel for Applicant :- Chandra Bhan Yadav Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 18.1.2024 passed by this Court in Writ-C No. 45286 of 2023. In execution of the bailable warrant issued in pursuance to the previous order passed by this Court, the opposite party is personally present in the Court and has filed compliance affidavit, which is taken on record. It has been disclosed in the affidavit that the case registered under Section 24 of the Uttar Pradesh Revenue Code, 2006 has been decided vide order dated 22.2.2025. It transpires from the records that the case registered under Section 24 was previously decided vide order dated 24.11.2022 passed by the Sub-Divisional Magistrate. Subsequently, the applicant filed an application dated 18.11.2023 for implementation of the order dated
24.11.2022. The order was not being implemented, therefore, Writ-C No. 45286 of 2023 was instituted by the applicant wherein an order dated 18.1.2024 was passed to decide the case registered on the application dated 18.11.2023 filed by the applicant. It further transpires from a reading of the order dated 22.2.2025 that subsequently one of the private contestants in the case filed an application dated 15.2.2025 for recall of the order dated 24.11.2022 and the Sub- Divisional Magistrate vide his order dated 18.2.2025 recalled the order dated 24.11.2022. Subsequently, a report dated 19.2.2025 was submitted by the Revenue Inspector and the same has been confirmed by the Deputy District Magistrate vide his order dated 22.2.2025. In view of the aforesaid, the application dated 18.11.2023 for implementation of the order dated 24.11.2023 has become redundant. It has been stated that the case registered under Section 24 has already been decided. The counsel for the applicant point out certain irregularities in
the order dated 22.2.2025 and has pleaded that the recall application dated 15.2.2025 was filed by the private contestants at the instance of the Deputy District Magistrate, i.e., the opposite party himself and the order dated 18.2.2025 was passed to frustrate the rights of the petitioner/applicant as the bailable warrants were issued by this Court at the instance of the applicant.
The illegality of the order dated 22.2.2025 is not to be looked into in a proceedings under the Contempt of Courts Act, 1971. The malafides as pleaded by the applicant are also not to be looked into by this Court but by a court or forum which has the power to judge the legality of the order dated 22.2.2025. No further proceedings can be held under the Contempt of Courts Act, 1971. The applicant has the remedy to challenge the order dated 22.2.2025 before the appropriate forum. In view of the aforesaid, the contempt application is
disposed of. Notices are discharged. Let the file be consigned to record.
Order Date :- 28.2.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad