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2025 DAILYLAW 123546 (ALL)

RAM LAKHAN SINGH v. ALOK PRASAD, SUB-DIVISIONAL MAGISTRATE, BAHRAICH AND 3 OTHERS

CAPL/410/2025 · 2025-03-27

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17562 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 410 of 2025 Applicant :- Ram Lakhan Singh Opposite Party :- Alok Prasad, Sub-Divisional Magistrate, Bahraich And 3 Others Counsel for Applicant :- Anshuman Singh,Geetika Yadav,Karunanidhi Yadav,Nishchay Anand Hon'ble Rajeev Singh,J. 1. Heard. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 11.07.2024 passed by this Court in Writ-C No. 5986 of 2024. 3. Learned counsel for the applicant submits that earlier during the pendency of regular suit, one application was entertained by Sub Divisional Officer and it was registered as Misc. Application on 03.06.2024, which was challenged before this Court in Writ-C No. 5986 of 2024. He further submits that the aforesaid writ petition was disposed of with direction to S.D.M., Kaisarganj, District- Bahraich to be careful in future with regard to entertain any application being made by litigant with regard to pending civil or revenue case on administrative side. He further submits that despite the direction issued by this Court in the aforesaid writ petition, respondent officers, namely, Mr. Alok Prasad, Sub-Divisional Magistrate, Tehsil- Kaisarganj, District- Bahraich, Mr. Chandra Pratap Singh, Station House Officer, Police Station- Ranipur, District- Bahraich, Mr. Rajman Yadav, Sub Inspector, Police Station- Ranipur, District- Bahraich and Mr. Shabeer Ahmed, Sub Inspector, Police Station- Ranipur, District- Bahraich are trying to interfere in the peaceful possession of the applicant over the property in question, therefore, respondent officers may be summoned and punished accordingly. 4. A reply is filed today by Sri Ram Swaroop, learned Standing Counsel duly sworn by Mr. Alok Prasad, Sub Divisional Magistrate, Tehsil- Kaiserganj, District- Bahraich. Sri Swaroop submits that the respondent officers have not violated the directions issued by the writ Court and no application of any litigant has been entertained, hence, the present application is misconceived and the same may be dismissed. 5. Considering the submissions of learned counsel for the parties and going through the contents of the order passed by the writ Court, it is evident that warning was given to the S.D.M., Kaisarganj, Bahriach. It is undisputed fact that one Government Order No.1291/एक/9/2022-रर-9 dated 03.08.2022 was issued by Principal Secretary, Department of Revenue, Government of U.P. directing all the Divisional Commissioners as well as Collectors of the State of U.P. that during the pendency of suit revenue cases before the competent Court, no application be entertained on the administrative side by the officers. In such circumstances, this Court is of the view that no contempt is made out. Accordingly, the contempt application is dismissed. 6. However, it is open to the applicant to take appropriate remedy before appropriate forum, if he is feeling aggrieved with the action of any respondent or police personnel. Order Date :- 27.3.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench