SANTOSH KUMAR v. KAVITA THAKUR TEHSILDAR, TEHSIL-HAIDERGARH, DISTT. - BARABANKI
CAPL/1148/2025 · 2025-04-23
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134968 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134968 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23065 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1148 of 2025 Applicant :- Santosh Kumar Opposite Party :- Kavita Thakur Tehsildar, Tehsil-Haidergarh, Distt. - Barabanki Counsel for Applicant :- Krishna Kumar Dubey,Rama Shanker Dubey 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 23.08.2024 passed by this Court in Matters under Article 227 No. 3887 of
2024. 3. Learned counsel for the applicant submits that as the mutation case was pending since 20.12.2022 and the same was not being decided, a petition i.e. Matters under Article 227 No. 3887 of 2024 was filed, which was disposed of on 23.08.2024 with the direction to the competent authority to decide the case in question, expeditiously, within a period of three months from the date of production of certified copy of the order, in accordance with law, if there is no legal impediment. It was also observed therein that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances; counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner. He vehemently submits that the respondent may be punished for non compliance of direction of this Court. 4. It is evident from the record that the order passed by this Court was placed before Tehsildar (Judicial), Haidergarh, District- Barabanki on 29.08.2024, and thereafter, the case was listed on 30.08.2024 and next date was fixed for hearing as
05.09.2024. Thereafter, on the basis of proposal of the Bar Association as regards the lawyers were abstaining from work, general date was given on 05.09.2024 for listing the case on 12.09.2024, on which date, the case was again adjourned on the basis of proposal of Bar Association and it was next listed on
19.09.2024. On 26.09.2024, vakalatnama was filed by the respondents of the case in question and the matter was listed on
30.09.2024. Again, on the basis of proposal of the Bar Association, general dates were given for listing the case as 07.10.2024, 17.10.2024, 28.10.2024, 04.11.2024, 21.11.2024 and 25.11.2024.
Further, on the basis of proposal of the Bar Association, some more general dates were given by the Presiding Officer for listing the case. 5. The order-sheet reveals that the advocates were not cooperating for expedite disposal of the case pending before the respondent. In such circumstances, this Court is of the view that no contempt is made out, accordingly, the instant contempt application stands dismissed. 6. However, it is open the applicant to move fresh application before the respondent in pursuance of the order passed by this Court on 23.08.2024. In case such application is filed, it is expected from the respondent to consider the same and decide the pending case in terms of the order dated 23.08.2024 passed by this Court in the aforesaid petition. Order Date :- 23.4.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench