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2025 DAILYLAW 15427 (ALL)

SANTOSH KUMAR @ SANTOSH v. SHRI RAJESH VERMA , S.D.M.

CAPL/499/2025 · 2025-02-13

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20349 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 499 of 2025 Applicant :- Santosh Kumar @ Santosh Opposite Party :- Shri Rajesh Verma , S.D.M. Counsel for Applicant :- Aqueel Ahmad,Kripa Shankar Tiwari,Vaibhav Tyagi,Vinit Kumar Srivastava Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 4.4.2024 passed in Writ C No. 3342 of 2024 filed by the applicant, the writ Court directed as under: " 4. Considering the innocuous prayer made by the petitioner for expeditious disposal of the Case No. 13 of 2011, (Santosh Kumar Vs. Shivnath and others), under Section 176 of the U.P. Zamindari Abolition & Land Reform Act, 1950, the writ petition is disposed of by requiring the respondent No. 2 seized with the aforesaid case to consider and decide the same expeditiously without giving any unnecessary adjournment to either of the parties within a period of six months from the date of service of certified copy of this order, strictly in accordance with law. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 29.4.2024 , but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within three months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self- addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 13.2.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad