RAMRUP PRAJAPATI v. RAMESHWAR, SUB DISTRICT MAGISTRATE, TAHSIL- SAIDPUR AND ANOTHER
CAPL/618/2025 · 2025-02-13
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15659 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20412 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 618 of 2025 Applicant :- Ramrup Prajapati Opposite Party :- Rameshwar, Sub District Magistrate, Tahsil- Saidpur And Another Counsel for Applicant :- Anand Kumar Upadhyay,Anil Kumar Tripathi,Husnaara Khatoon Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 14.7.2023 passed in Writ C No. 12244 of 2023 filed by the applicant, the writ Court directed as under:
"3. In view of the facts mentioned in the instruction, the instant petition is finally disposed of directing the respondent no.4, Tehsildar, Tehsil- Saidpur, District- Ghazipur to decide the aforementioned six cases registered against the encroachers under Section 67 of the U.P. Revenue Code, 2006 expeditiously preferably within period of four months. It is further direction that in respect to the remaining part of the plot No. 6 which is recorded as bheeta and the Institution is in possession of the same, the appropriate proceeding be initiated expeditiously.
4. The writ petition is accordingly disposed of. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 11.8.2023 along with representation , 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