Neutral Citation No. - 2025:AHC-LKO:26918 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1395 of 2025 Applicant :- Meisheng Chiang (Chiang Mei Sheng) Opposite Party :- Shri Om Prakash, Sub-Divisional Magistrate, Tehsil Ikauna, Shravasti And Another Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 05.08.2024 passed by this Court in Writ-C No. 6033 of 2024. 3. Learned counsel for the applicant submits that the applicant filed a suit u/s 229-B of U.P.Z.A. and L.R. Act before Sub Divisional Officer, Devi Patan Mandal, Tehsil- Ikauna, District- Shrawati, which was allowed on 15.11.2021 after hearing the parties. The order dated 15.11.2021 was challenged by filing an appeal before Commissioner, Devi Patan Mandal, Gonda, which was registered as Appeal No. 131 of 2024. In this appeal, stay order was passed on 25.06.2024 by learned Commissioner, namely, Sri Shashi Bhushan Lal Shushil without deciding the application of condonation of delay in filing the said appeal. Further, against the order dated 25.06.2024, a writ petition i.e. Writ-C No. 6033 of 2024 was preferred by the applicant before this Court and after hearing the parties, the said petition was allowed on 05.08.2024 by setting aside the order dated 25.06.2024 and the matter was remanded with the observation that the appeal in question be transferred to the Court of Additional Commissioner (Administration), Gonda. It was also observed in the aforesaid order of this Court that before proceeding the appeal, firstly the delay condonation application is to be decided and thereafter the appeal be also decided preferably within a period of six months. It is further submitted that the applicant moved an application dated 07.10.2024 before Sub Divisional Magistrate for recall of the order dated 15.11.2021 passed in the suit in question. An application for withdrawal of the aforesaid appeal was also filed on 14.10.2024 before Additional Commissioner (Administration), Devi Patan Division, Gonda. The said withdrawal application was allowed by the Additional Commissioner on 17.10.2024. Moreover, the Sub Divisional Officer, Tehsil- Ikauna, District- Shrawasti allowed the recall application dated 07.10.2024, by recalling the order dated 15.11.2021 and dismissed the said suit, vide order dated 08.11.2024. The order dated 08.11.2024 was challenged before this Court in Writ- C No. 10064 of 2024, in which, interim order was passed on 27.11.2024. It is next submitted that once the undertaking was given before this Court by the respondent concerned in Writ-C No. 6033 of 2024, it is bounden duty of the complainant to ensure the compliance of the same, therefore, the respondents may be summoned and punished accordingly. 4. It is evident from the record that ex-parte stay order dated 25.06.2024 was passed in the Appeal No. 131 of 2024 (computerized no.C202408000000131 (Mahabodhi Society of India and Anr. Vs. Mysing Chiang/Meisheng Chiang and Anr.), without deciding the application filed under Section 5 of the Limitation Act, by Sri Shashi Bhushan Lal Shushil, Divisional Commissioner, Devi Patan Mandal Gonda. In the said Society, father of Sri Shashi Bhushan Lal Shushil, namely, Dr. Mahendra Singh is president and the suit was filed by the representative, namely, Mr. Bhante Gyanalok s/o Ram Saran r/o Buddh Vihar, Risaldar Park, Lal Kuwan, Lucknow. All these facts were also discussed in the order dated 05.08.2024 passed by this Court in Writ-C No. 6033 of 2024. 5. It is also evident from the record that the direction was issued by this Court on 05.08.2024 in Writ-C No. 6033 of 2024 for disposal of the delay condonation application as well as the appeal. But, once the appeal has been withdrawn by the appellant, question does not arise for compliance of the direction issued by this Court. In such circumstances, no contempt is made out. Accordingly, the contempt application is dismissed. 6. Consigned to record. Order Date :- 8.5.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench