KIRAN SINGH v. RANJAN VERMA PRESENTLY POSTED AS TEHSILDAR MILKIPUR DIST. FAIZABAD
CAPL/3193/2025 · 2025-10-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167985 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3193 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 18.09.2023 passed in Matters Under Article 227 No. 4588 of 2023. The relevant extracts of the said
judgment are quoted hereinbelow:-
"Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.2-Tehsildar, Tehsil-Milkipur, District-Ayodhya to consider and decide Case No.02098 of 2020, Computerized Case No.T202004230402098, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. "
Learned counsel for the applicant has submitted that this Court vide its
judgment and order dated 18.09.2023 has directed to decide the matter preferably within a period of three months from the next date fixed in the case but the same has not been decided till date. It is further submitted that the next date fixed in the matter was 22.09.2023 and on that date, the photocopy of this order was submitted before the Tehsildar and three months' period had expired on 21/22.12.2023. Learned Standing counsel has submitted that the present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as one year period has already expired on 21/22.12.2024 and the present contempt application has been preferred with a delay of more than nine months i.e. on 23.09.2025. Versus Counsel for Applicant(s) : Onkar Nath Tiwari Counsel for Opposite Party(s) :
Kiran Singh .....Applicant(s) Ranjan Verma Presently Posted As Tehsildar Milkipur Dist. Faizabad .....Opposite Party(s)
Section 20 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act, 1971) is reproduced hereinbelow:-
"20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971 as one year period had expired on 21/22.12.2024 whereas the present contempt application has been filed on 23.09.2025 i.e. after about more than nine months, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the submissions relating to Section 20 of the Act, 1971. In the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed.
In view of above, the alleged to have been committed on 21/22.12.2023 whereas the present contempt application has been preferred after about more than nine months from the date of expiry of one year period i.e. on 23.09.2025, hence it is barred by Section 20 of the Contempt of Courts Act,
1971. In view of the facts and circumstances of the case, the present contempt application is dismissed. October 7, 2025 Nitesh CAPL No. 3193 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench