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2025 DAILYLAW 157497 (ALL)

NAND LAL v. SRI DEVANAND TIWARI, TEHSILDAR, TEHSIL LAMBHUA, SULTANPUR

CAPL/3538/2024 · 2025-08-28

Manish Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3538 of 2024 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard learned counsel for the applicant and perused the record. The contempt application has been filed for alleged non-compliance of judgement and order dated 20.02.2024 passed in WPIL No.143 of 2024, the relevant extract of the order is quoted hereinbelow: "6. Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority. Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application before the respondent No.4 and in case such an application is made within two weeks from today, respondent No.4 is directed to proceed to consider and decide the same expeditiously in accordance with law." Learned counsel for the respondent has submitted that the proceedings under Section 67 of U.P. Revenue Code, 2006 have been decided by order dated 19.09.2024, copy of which has been provided during course of argument and photocopy of the same has been provided to the learned counsel for the applicant. Learned counsel for the applicant has submitted that the judgement and order passed by the writ court has not been complied with as the Versus Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : Prabhakar Tiwari Nand Lal .....Applicant(s) Sri Devanand Tiwari, Tehsildar, Tehsil Lambhua, Sultanpur .....Opposite Party(s) application filed by the applicant under Section 67 of U.P. Revenue Code, 2006 has been rejected by the Tehsildar. The said submission of learned counsel for the applicant is not tenable so far as the present contempt application is concerned for the reason that the Court has simply given liberty to the applicant to move an application under Section 67 of U.P. Revenue Code, 2006 and the authority was directed to consider and decide the same expeditiously in accordance with law. Hence, the contempt application is liable to the dismissed. At this stage, learned counsel for the applicant has prayed that the present contempt application may be dismissed as infructuous with liberty to the applicant that if he has still any grievance, he may challenge the same before the appropriate forum. As such, the present contempt application/ petition is dismissed as infructuous. The notice, if any, issued against the respondent is hereby discharged. August 28, 2025 S. Kumar CAPL No. 3538 of 2024 2 (Manish Kumar,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench