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2025 DAILYLAW 114361 (ALL)

GANGARAM v. SRI RAJ KAPOOR, NAIB TEHSILDAR, BASKHARI, TEHSIL TANDA DISTRICT AMBEDKAR NAGAR AND ANOTHER

/42/2025 · 2025-01-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1218 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 42 of 2025 Applicant :- Gangaram Opposite Party :- Sri Raj Kapoor, Naib Tehsildar, Baskhari, Tehsil Tanda District Ambedkar Nagar And Another Counsel for Applicant :- Anil Kumar Maurya Hon'ble Manish Kumar,J. 1. Heard. 2. The present contempt application has been preferred for non compliance of the judgment and order dated 12.01.2024 passed in Matters Under Article 227 No. 123 of 2024. The relevant extract of the judgment and order dated 12.01.2024 is quoted hereinbelow:- "Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-2/Tehsildar, Tehsil Tanda, District Ambedkar Nagar to consider and decide the pending proceedings of Case No.2895/2023 Computerized Case No.T202304040302895 (Gangaram Vs Abdul Rahim) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard." 3. The copy of the judgment and order dated 12.01.2024 was filed before the Tehsildar in the case pending under Section 34 of the U.P. Revenue Code, 2006 on 29.01.2024. In pursuance of the order passed by the Sub Divisional Magistrate, the file was transferred to the court of Nayab Tehsildar, Baskhari, Tehsil Tanda, Ambedkar Nagar on 19.06.2024. In between, on 15 dates the Lawyers were abstaining from work. After the transfer of the file, it was placed for the first time before the Nayab Tehsildar, Baskhari on 24.06.2024 and till 09.12.2024, the Lawyers were abstaining from work on 13 dates fixed in the matter. 4. Under these circumstances, it could not be said that there is willful disobedience by the respondents for non compliance of the judgment and order dated 12.01.2024. The total period of about one year, on 28 dates, the Lawyers were abstaining from work. Hence, no contempt is made out. 5. Accordingly, the present contempt application is dismissed. Order Date :- 8.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench