Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153125 (ALL)

AMAR PAL SINGH AND 3 OTHERS v. PRADEEP KUMAR ADDL. DISTRICT MAGISTRATE (F.R.) BALRAMPUR PRESCRIBED AUTHORITY AND 2 OTHERS

CAPL/2299/2025 · 2025-07-28

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:43150 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2299 of 2025 Applicant :- Amar Pal Singh And 3 Others Opposite Party :- Pradeep Kumar Addl. District Magistrate (F.R.) Balrampur Prescribed Authority And 2 Others Counsel for Applicant :- Madan Gopal Tripathi Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The present contempt application is filed with the prayer to punish the opposite parties for deliberate contempt of order of this Court dated 23.7.2009 in Writ Petition No.63 (Ceiling Rural) of 2009 'Ram Kripal Singh Vs. State of U.P. & Ors.'. 3. Learned counsel for the applicant submits that property in question was declared as surplus under the provisions of Ceiling Act, thereafter, lease was granted to several persons. He also submits that order dated 21.9.1995 was challenged before the competent authority in Case No.20 under Section 10(2) of the Ceiling Act, which was allowed on 30.11.2002. He further submits that lease granted on the basis of order dated 21.9.1995 was not being cancelled, then he preferred Writ Petition No.63 (Ceiling) of 2009 and same was disposed of with the direction that opposite parties shall not act on the basis of the pattas executed by them in pursuance of order dated 21.9.1995 and it was also directed that option of the applicants be also taken into consideration at the time of finalization of reference, in the meantime, possession of the applicant shall not be disturbed. 4. Learned counsel for the applicant submits that reference has already been concluded vide order dated 21.10.2024 without giving opportunity of hearing to the applicants/legal heirs of the recorded tenure holder, therefore, respondent deliberately violated the directions of the writ court for which they may be summoned and punished accordingly. 5. Considering the submissions of learned counsel for the applicants, going through the contents of the order passed by the writ court as well as order dated 21.10.2024, this Court is of the view that as reference has already been decided after hearing learned counsel for the parties, in such circumstances, no contempt is made out, accordingly, the present contempt application is hereby dismissed. 6. However, it is open to the applicant to take appropriate remedy against the order passed by the prescribed authority. Order Date :- 28.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench