Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13831 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4538 of 2024 Applicant :- Deepak Kumar Tiwari @ Deppak Tiwari @ Deepak Tiwari Opposite Party :- Shri Pawan Singh Tehsildar Tehsil Patti Distt. Pratapgarh Counsel for Applicant :- Dev Mani Mishra,Abhisek Kumar Dixit Hon'ble Manish Kumar,J. Sri Pawan Singh, Tehsildar (Incharge), Tehsil Patti, District - Pratapgarh is present. The present contempt application has been preferred for alleged non-compliance of the judgement and order dated 9.8.2023 passed in PIL No.712 of 2023, the relevant extract of the order is quoted hereinbelow :
"7. Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application under Section 67 of U.P. Revenue Code, 2006 before competent authority and in case such an application is made within two weeks from today, the competent authority is directed to proceed to consider and decide the same expeditiously in accordance with law. "
Learned counsel for the applicant has submitted that despite the direction issued by the writ court to decide the proceeding under Section 67 of the U.P. Revenue Code, 2006, expeditiously, but till date the proceedings are pending and no decision has been taken. The said act on the part of the respondent is nothing but intentional and willful disobedience of judgement and order passed by the writ court. On the other hand learned standing counsel has submitted that the respondent is making all efforts to decide the matter as
directed by the writ court but due to the strike by the lawyers the matter could not be decided till date and there is no intentional and willful disobedience on the part of the respondent. After hearing learned counsel for the parties and going through the record of the case, it is found that the judgement and order dated 9.8.2023 was served or produced in the proceedings under Section 67 of the U.P. Revenue Code, 2006 on
21.08.2023. Thereafter, since 30.10.2023 till 18.11.2024 the case was listed or dates were fixed on 19 occasions, out of which on 18 occasions or date fixed, the lawyers were abstaining from judicial work. The Tehsildar i.e. respondent, who is present in person in the Court, has provided copy of
order-sheets regarding the subsequent dates fixed in the matter from 4.12.2024 till 3.3.2025 and out of 8 dates fixed, on 5 dates the lawyers were abstaining from work, so out of 27 dates fixed between 23.10.2023 till 3.3.2025 on 23 dates the lawyers were abstaining from the judicial work. Under these circumstances, it could not be said that there is willful and intentional disobedience on the part of the respondent. In view of he above facts and circumstances of the case and the
discussion made hereinabove, the present contempt petition has not merit, hence it is dismissed. The notices, if any, issued against the respondent is hereby discharged.
Order Date :- 6.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench