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2025 DAILYLAW 124848 (ALL)

ADESH KUMAR SINGH v. DIKSHA JOSHI, SUB DIVISIONAL MAGISTRATE, SHAHABAD, HARDOI

CAPL/482/2025 · 2025-02-24

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11447 Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 482 of 2025 Applicant :- Adesh Kumar Singh Opposite Party :- Diksha Joshi, Sub Divisional Magistrate, Shahabad, Hardoi Counsel for Applicant :- Avnish Kumar Tiwari Hon'ble Rajnish Kumar,J. Heard Sri Avnish Kumar Tiwari, learned counsel for the applicant. This contempt application has been filed alleging non compliance of the order dated 02.12.2024 passed in Writ C No.10276 of 2024(Adesh Kumar Singh versus State of U.P. and others). Submission of learned counsel for the applicant is that for compliance of the aforesaid order, the applicant has moved an application on 18.12.2024 and thereafter reminder on 29.01.2025 but till date no decision has been taken thereon and only a direction has been made for enquiry. This Court while disposing of the writ petition on the ground of pendency of the suit under Section 116 of U.P. Revenue Code 2006 disposed of the petition with observation/direction that for any incidental relief relating to the standing crop or otherwise, it is open to the petitioner to make an application before the concerned court and if any such application is filed by the petitioner before the competent court, it shall be decided expeditiously and without any delay. Perusal of the application dated 18.12.2024 given to the Sub Divisional Officer, Shahbad, Hardoi, it is apparent that the applicant has filed some suit for partition in which an interim order has been passed on 06.11.2024 i.e. before passing of the order dated 02.12.2024 by this Court, which may not have been complied with therefore the said application has been moved. The reminder has also been given for compliance of the said order and referring the order passed by this Court for the same relief, contrary to the aforesaid order passed by this Court as the said order is for moving application before the competent court. In view of above, this contempt application is mis conceived as the applicant may move appropriate application before the competent court. With the aforesaid, the application is dismissed. Order Date :- 24.2.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench