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2025 DAILYLAW 126922 (ALL)

SANT PRASAD PATEL v. MR. SHAILENDRA VERMA, SUB DIVISIONAL MAGISTRATE SADAR PRATAPGARH AND 2 OTHERS

CAPL/641/2025 · 2025-03-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14346 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 641 of 2025 Applicant :- Sant Prasad Patel Opposite Party :- Mr. Shailendra Verma, Sub Divisional Magistrate Sadar Pratapgarh And 2 Others Counsel for Applicant :- Jay Prakash Singh Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated 13.02.2024, passed by this Court in Criminal Writ- Public Interest Litigation No. 01 of 2024. The relevant extract of the said judgment is quoted hereinbelow:- " 3. For such a grievance, U.P.Revenue Code,2006 provides a remedy under Section 67 of the U.P.Revenue Code,2006. In case the appropriate proceedings under Section 67 of the U.P.Revenue Code,2006 are initiated by the petitioner, the same are expected to be decided expeditiously in accordance with law. 4. The writ petition is accordingly disposed of. " 2. Learned counsel for the applicant has submitted that the representation was made to respondent no. 1 on 21.02.2024 to decide the proceedings under Section 67 of the U.P Revenue Code, 2006 (hereinafter referred to as "Code, 2006), but till date, the same has not been decided by the respondent no. 1. Hence, the present contempt application is filed. 3. After hearing learned counsel for the applicant and going through the records of the case, the judgment and order passed by the writ court, wherein it is provided that in case, the appropriate proceedings under Section 67 of the Code, 2006, if initiated by the petitioner, the same are expected to be decided expeditiously, whereas the applicant has not enclosed any document or made any averment that he had filed the proceedings under Section 67 of the Code, 2006 and also unable to tell as to what is the case number of the same and before whom he had filed the same. Since, the present contempt application has been filed without filing the proceedings under Section 67 of the Code, 2006, as directed by the writ court, therefore, the present contempt application is misconceived and is an abuse of process of Court. 4. In view of the facts and circumstances mentioned above, the present contempt application is dismissed. Order Date :- 10.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench