DEEPAK v. SMT. HARSHITA MATHUR, DISTRICT MAGISTRATE RAEBARELI
CAPL/274/2025 · 2025-03-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120756 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14973 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 274 of 2025 Applicant :- Deepak Opposite Party :- Smt. Harshita Mathur, District Magistrate Raebareli Counsel for Applicant :- Bharat Kumar Dixit Hon'ble Manish Kumar,J.
1. Instructions are taken on record. 2. The present contempt application has been preferred for the alleged non-compliance of the judgment and order dated 08.11.2024, passed by this Court in Writ C No. 9531 of 2024. The relevant extract of the said judgment is quoted hereinbelow:-
"2. After hearing learned counsel for the parties and perusing the record what comes out is that death of the petitioner's father Late Uma Shankar was on account of a fall from a tree, therefore, accidental, however, the claim of the petitioner, his son, under the Mukhyamantri Krishak Durghatna Kalyan Yojana UP has been declined as is evident from Annexure-1 at Serial No. 32 on the ground that the deceased- Uma Shankar was not a farmer and did not have any agricultural land recorded in his name whereas copy of the khatauni pertaining to Khasra No. 531-Ga situated at Village-Rain, Pragana- Bachhrawan, Tehsil- Maharajganj, District- Raebareli for the fasli 1425-1430 contains the name of the deceased- Uma Shankar S/0 Chaudi Lal in the remarks column as having been recorded after the death of his father- Chaudhi Lal. Uma Shankar, father of the petitioner died on 2.9.2020 and after the death of his father, name of the petitioner has also been recorded. Even in the report, copy of which has been annexed as Annexure No. 8 there is mention about the name of Uma Shankar and the petitioner- Deepak Kumar and finding has been recorded in khatauni, therefore, it is surprising as to how the claim has been rejected on the aforesaid ground. We, therefore, are of the opinion that the decision so taken is liable to be quashed, accordingly, the quash the decision contained in the list -1, annexed as Annexure-1 to the petition at serial no. 32 pertaining to Late Uma Shankar, S/o Chaudhi Lal and direct the District Magistrate to take a fresh decision in the matter positively within six weeks and communicate to the petitioner, accordingly. 3. The writ petition is disposed of with these observations.. 4.
It is, however, made clear that any of the reports or khatauni referred hereinabove is found to be fabricated, then the benefit of this
judgment shall not be given to the petitioner."
3. Learned State Counsel, on the basis of the instructions received from the respondent, has submitted that a decision has been taken on the representation of the application by allowing the claim of the applicant and the payment will be made.
4. It is further submitted that though there is only a direction for deciding the representation, but the payment
will also be made within a period of two weeks, in pursuance of the decision taken on 27.02.2025.
5. Learned counsel for the applicant has submitted that the
judgment and order passed by the writ court has been complied with and now nothing remains to be adjudicated in the present contempt application and the same may be dismissed as infructuous.
6. As such, the present contempt application is dismissed as infructuous.
7. Notice, if any, stands discharged.
Order Date :- 11.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench