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2025 DAILYLAW 156781 (ALL)

GULSHAN FATIMA v. SRI VIJAY PRAKASH GUPTA, TEHSILDAR (JUDICIAL) TEHSIL RUDAULI AYODHYA

CAPL/2511/2025 · 2025-08-08

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46548 Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2511 of 2025 Applicant :- Gulshan Fatima Opposite Party :- Sri Vijay Prakash Gupta, Tehsildar (Judicial) Tehsil Rudauli Ayodhya Counsel for Applicant :- Ajay Kumar Pandey Hon'ble Jaspreet Singh,J. Heard Sri Ajay Kumar Pandey, learned counsel for the petitioner. By means of the instant petition, the petitioner alleges non-compliance and violation of the order passed by the writ court dated 19.7.2024 passed in the Petition(A-227) No. 3267 of 2024 whereby the mutation case was directed to be decided within a period of three months from the date a copy of the order was placed before the court concerned provided there is no legal impediment. It is urged that the said order was placed before the court concerned on 29.7.2024 but the same was not complied with by the court concerned and the matter is still pending. Having considered the aforesaid submission and upon perusal of the order dated 19.7.2026, this Court finds that apart from the direction given in the said order the Court had directed that the parties shall co-operate in expeditious disposal of the case and shall not seek unnecessary adjournment and any adjournment shall be granted in exceptional circumstances. On perusal of the extract of the order-sheet which have been brought on record as Annexure no. 3, it would indicate that right from the date when the said order was placed before the court concerned in July, 2024, the matter has been listed on several occasions and on each and every date either the Members of the Bar were abstaining from the judicial work or they had moved certain resolution for abstaining from the judicial work. In such circumstances, there cannot be any presumption or finding that the parties have been cooperating and court concerned has violated the order passed by the writ Court. It is most unfortunate that on one hand the party approaches the court and gets the order of expeditious disposal and on the other hand they do not themselves co-operate and abstain from the judicial work and then thereafter come before this court alleging violation of the order passed by the writ Court. This is an unhealthy practice and is an abuse of process of law. For the aforesaid reasons, the Court finds that the petition is misconceived and the same is dismissed at this stage. Order Date :- 8.8.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench