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2025 DAILYLAW 127007 (ALL)

RAJ BALI v. SHRI SNEHIL VERMA, NAYAB TAHSILDAR MAWAI TEHSIL RUDAULI AYODHYA

CAPL/609/2025 · 2025-03-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13660 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 609 of 2025 Applicant :- Raj Bali Opposite Party :- Shri Snehil Verma, Nayab Tahsildar Mawai Tehsil Rudauli Ayodhya Counsel for Applicant :- Vijai Kumar Shukla,Pradeep Kumar Kovid,Subhash Chandra Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for the alleged noncompliance of the judgement and order dated 27.02.2024. The relevant extract of the judgment is quoted herein-below:- "Accordingly, present petition is disposed of with direction to the respondent No.2-Nayab Tehsildar, Mawai, Tehsil-Rudauli, District- Ayodhya to consider and decide the Case No.T 20150423071845, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment. 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. With the aforesaid, the petition is disposed of." 2. The learned counsel for the applicant has submitted the copy of the judgement and order passed by the Writ Court was served on 4.3.2024 and the three months period had already expired on 4.6.2024 but till date the matter has not been decided by the Tehsildar in compliance of the judgement and order passed by the Writ Court. The respondent is willfully and intentionally disobeying the judgment passed by the Writ Court. 3. After hearing the learned counsel for the applicant and going through the record of the case, particularly, the copy of the order sheet enclosed along with the present contempt application, it is found that near about 89 dates were fixed after the service of the copy of the judgment and order passed by the Writ Court within a period of about 10 months, out of which on about 74 dates the lawyers are abstaining from work. 4. The Writ Court has directed that the said matter may be decided most expeditiously, without granting any unnecessary adjournments to either of the parties preferably within a period of three months from the next date fixed in the case. 5. On being asked from the learned counsel for the applicant whether any unnecessary adjournment was granted by the respondent to either of the parties, he has very fairly submitted that no unnecessary adjournment was granted. 6. In view of the facts and circumstances as discussed above, there is no case made out by the applicant that the respondent is willfully and intentionally disobeying the judgment and order passed by the Writ Court, hence no contempt is made out. The present contempt application is dismissed. Order Date :- 6.3.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench