HARI PRASAD MAURYA v. NEHA MISHRA, S.D.M. (JUDICIAL), COLONEL GANJ, GONDA
CAPL/374/2025 · 2025-02-11
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122492 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122492 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9833 Court No. - 21 Case :- CONTEMPT APPLICATION (CIVIL) No. - 374 of 2025 Applicant :- Hari Prasad Maurya Opposite Party :- Neha Mishra, S.D.M. (Judicial), Colonel Ganj, Gonda Counsel for Applicant :- Anil Kumar Tiwari,Dharmendra Pratap Singh Hon'ble Manjive Shukla,J.
1. Heard learned counsel appearing for the applicant.
2. It has been contended on behalf of the applicant that in compliance of this Court's order dated 05.02.2024 passed in Writ-C No. 493 of 2024, the case filed under Section 116 of the U.P. Revenue Code, 2006 had been decided vide order dated
07.01.2025. It has further been contended that the competent authority while deciding the case filed under Section 116 of the U.P. Revenue Code, 2006 has not considered the purport of Rule 131 of U.P.Z.A. & L.R. Rules, 1952.
3. Learned counsel appearing for the applicant has thus submitted that non-consideration of Rule 131 of U.P.Z.A. & L.R. Rules, 1952 constitutes the contempt of this court as the direction issued by this Court in its order dated 05.02.2024 has been disobeyed.
4. I have considered the submissions advanced by learned counsel appearing for the applicant and I find that in compliance of this Court's order dated 05.02.2024, the competent authority had decided the case filed under Section 116 of the U.P. Revenue Code, 2006 therefore, merely while deciding the case, purport of Rule 131 of U.P.Z.A. & L.R. Rules, 1952 has not been considered that itself will not constitute the contempt of this Court.
5. Accordingly this contempt application, being absolutely misconceived, is dismissed.
6. Need not to mention that the applicant shall have liberty to challenge the order dated 05.02.2024 before the appropriate forum. Order Date :- 11.2.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench