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2025 DAILYLAW 123346 (ALL)

SMT. BELA v. SHRI AMBRISH SINGH, NAIB TEHSILDAR, TEHSIL TANDA, DISTT. AMBEDKAR NAGAR

CAPL/709/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15167 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 709 of 2025 Applicant :- Smt. Bela Opposite Party :- Shri Ambrish Singh, Naib Tehsildar, Tehsil Tanda, Distt. Ambedkar Nagar Counsel for Applicant :- Niyaj Ahmad Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non-compliance of the judgement and order dated 21.02.2024 passed in Matter Under Article 227 No.859 of 2024, the relevant extract of the judgement and order is quoted hereinbelow: "Accordingly the present petition is disposed of with direction to respondent No.-2 to consider and decide the pending proceedings of Mutation Case No.T202304040302262 (Smt. Bela Versus Karora Devi), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. " Learned counsel for the applicant has submitted that the copy of judgement and order dated 21.01.2024 was served in the case pending under Section 34 before the respondent on 28.02.2024 and three months period had already expired on 28.05.2024 but till date the proceedings have not been decided or concluded by the respondent, which is willful and intentional disobedience of the judgement and order passed by the writ court. After hearing learned counsel for the parties and going through the record of the case, the applicant has enclosed the copy of the order-sheets between the period since 28.02.2024 till 03.02.2025 and from perusal of the same it is found that during this period the case was listed about on 60 occasions and out of which about on 39 dates the lawyers were abstaining from the work, on 2 dates the presiding officer / respondent was on election duty and on 3 dates the respondent was busy in administrative work. It is also not the case of the applicant that any unnecessary adjournment was granted by the respondent to either of the parties. The case could be taken up on about 15 dates out of 60 dates and due to the lawyers, who were abstaining from work. The matter could not be decided as directed by this Court cannot be said to be willful and intentional disobedience of the judgement and order passed by the writ court. In view of the facts, reasons and discussion made hereinabove, the present contempt petition is devoid of merits and is, accordingly, dismissed. The notice, if any, issued against the respondent is hereby discharged. Order Date :- 12.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench