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2025 DAILYLAW 132769 (ALL)

SHASHIKALA DEVI v. SHRI DHARMENDRA KUMAR, TEHSILDAR, TEHSIL ALAPUR DISTRICT AMBEDKAR NAGAR

CAPL/1037/2025 · 2025-04-17

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22362 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1037 of 2025 Applicant :- Shashikala Devi Opposite Party :- Shri Dharmendra Kumar, Tehsildar, Tehsil Alapur District Ambedkar Nagar Counsel for Applicant :- Kamlesh Kumar,Aman Kumar Chaudhary Counsel for Opposite Party :- Prabhakar Tiwari Hon'ble Rajeev Singh,J. 1. The present contempt application is filed with the following prayer : "This Hon'ble Court may graciously be pleased to initiate the contempt proceedings against the opposite party directing him to appear in person and punish him for willfully and deliberately disobeying the Hon'ble Court's order dated 06.08.2024 passed by this Hon'ble Court in Petition No.3650 of 2024 (A- 227), Smt. Shashikala Devi Versus State of U.P. and others, contained in Annexure No.1 to the affidavit, in the interest of justice." 2. Pursuant to earlier order dated 11.04.2025 passed by this Court, the respondent-officer is present before this Court. 3. Learned counsel for the applicant submitted that an application under Section 34 of the U.P. Revenue Code, 2006 was pending since the year 2022 but the same was not being decided by the respondent (Tehsildar, Tehsil Alapur, district Ambedkar Nagar) then a petition under Article 227 No.3650 of 2024 was filed, which was disposed of by this Court on 06.08.2024 with a direction to the Tehsildar concerned to decide the pending case expeditiously after afording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties. He further submitted that the said order dated 06.08.2024 was served on the respondent-officer along with an application dated 16.08.2024 but the same was not mentioned in the order-sheet of the record which is being maintained in the office of respondent and thereafter repeatedly requests were being made for disposal of the same but only general dates were given. He also drew attention of the Court towards the questionare issued by the office of the respondent in which it is mentioned that the order dated 06.08.2024 was served and the same is available on the record. 4. Pursuant to the earlier order, the respondent- officer has placed the relevant record of his office before this Court but neither the application dated 16.08.2024 nor the order of the writ Court dated 06.08.2024 passed by this Court is available on the record. 5. Original record produced before this Court by the respondent is returned to him. 6. At 2:30 P.M., Sri Prabhakar Tiwari, learned counsel for the respondent requested that by mistake application dated 16.8.2024 alongwith order dated 6.8.2024 passed by this Court in aforesaid petition was overlooked and respondent admitted his fault that aforesaid order is not mentioned in the order sheet. He also submitted that order of the writ court has already been complied with by passing a mutation order dated 15.4.2025. 7. The affidavit of compliance filed by learned counsel for the respondent is taken on record. 8. Learned counsel for the applicant does not dispute this fact that mutation order has already been passed by the respondent. 9. Considering the arguments of learned counsel for the parties, going through the contents of the affidavit of compliance, this Court is of the view that order of the writ court has already been complied with, therefore, contempt application has lost its efficacy, accordingly, the same is hereby, dismissed. 10. However, it is evident from the original record produced before this Court that order dated 6.8.2024 passed in the aforesaid petition placed before the respondent on 16.8.2024 but in the order sheet, no description is found about the acceptance of the order passed by this Court. It is expected from the respondent that in future, he must take care of that every order placed before him & it must be discussed and recorded in the order sheet. Order Date :- 17.4.2025. Rks./Gaurav Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench