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2025 DAILYLAW 169207 (ALL)

RAKESH KUMAR GAUTAM v. LEENA JAUHARI, ADDL. CHIEF SECY, STAMPS AND REGISTRATION DEPTT, LUCKNOW AND ANOTHER

CAPL/4543/2024 · 2025-05-14

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28338 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4543 of 2024 Applicant :- Rakesh Kumar Gautam Opposite Party :- Leena Jauhari, Addl. Chief Secy, Stamps And Registration Deptt, Lucknow And Another Counsel for Applicant :- Ajey Shanker Tewari,Ishaan Tewari Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 04.10.2024 passed by the writ Court in Writ-A No.9111 of 2024. 3. Sri Ajey S. Tewari, learned counsel for the applicant has filed reply to the affidavit of compliance filed by Mr. Amit Gupta, Principal Secretary, Stamp and Registration Department, Government of U.P., Civil Secretariat, Lucknow, which is taken on record. Sri Ajey S. Tewari submits that decision has been taken by respondent no.3 in utter violation of the rules as well as government orders, hence, respondent no.3 may be summoned and punished accordingly. 4. Considering the contents of the order passed by the writ Court, affidavit of compliance as well as the aforesaid reply, it is evident from the order passed by the writ Court that liberty was given to the petitioner to move comprehensive representation and the competent authority was also directed to take decision on the representation of the petitioner by passing a reasoned and speaking order. It is undisputed fact that that decision has already been taken by the competent authority on 29.03.2025. The veracity of the order passed by the competent authority cannot be considered by the Contempt Court. Therefore, this Court is of the view that no contempt is made out, accordingly, the contempt application is dismissed. 5. However, it is open to the applicant to take appropriate remedy, if he is feeling aggrieved with decision of respondent no.3. Order Date :- 14.5.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench