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2025 DAILYLAW 154104 (ALL)

SHRI BHAGWAN KUNJ BIHARI PANDEY v. MR. ASHOK KUMAR, NAYAB TEHSILDAR TEHSIL ASAL, AMETHI

CAPL/3468/2024 · 2025-01-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3119 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3468 of 2024 Applicant :- Shri Bhagwan Kunj Bihari Pandey Opposite Party :- Mr. Ashok Kumar, Nayab Tehsildar Tehsil Asal, Amethi Counsel for Applicant :- Surendra Kumar Mourya,Sunita Dwivedi Counsel for Opposite Party :- Prabhakar Tiwari Hon'ble Manish Kumar,J. Sri Prabhakar Tiwari, learned counsel for the respondent has submitted that the mutation case has been decided by the Naib Tehsildar, Amethi by order dated 30.09.2024 (copy of which has been provided during course of the argument, which is taken on record) in compliance of the judgment and order passed by the writ court dated 17.11.2023. The relevant extract of the said judgment is quoted hereinbelow:- "9. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Nayab Tehsildar, Tehsil Asal, Amethi, District Amethi (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No.1247/2023 (Computerized Case No. T202304710501247), strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances." Neither learned counsel for the applicant is present to dispute the said submission made by learned counsel for the respondent and the order passed by the Naib Tehsildar nor any request has been made on his behalf for adjournment of the case. The judgment and order passed by the writ court has been complied with. In view of above, the present contempt application is dismissed as infructuous. Notice, issued earlier, if any, stands discharged. Order Date :- 17.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench