SHYAM JEE BHARTI v. SRI DEVENDRA YADAV TEHSILDAR SADAR DIST. GONDA U.P.
CAPL/4596/2024 · 2025-01-29
Manish Kumar
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 169402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169402 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6013 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4596 of 2024 Applicant :- Shyam Jee Bharti Opposite Party :- Sri Devendra Yadav Tehsildar Sadar Dist. Gonda U.P. Counsel for Applicant :- Shrikant Mishra,Avadhesh Kumar Tripathi Counsel for Opposite Party :- Om Prakash Yadav Hon'ble Manish Kumar,J. Heard. Compliance affidavit has been filed on behalf of respondent, which is taken on record. The present contempt petition has been preferred for non-compliance of the judgement and order dated 31.05.2024 passed in the petition under Article 227 No.2858 of 2024, the relevant extract is quoted hereinbelow:
"At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the mutation case pending under Section 25 of the Code, 2006 before the respondent no. 3 and if any such application is preferred by the petitioner the same may be decided within the stipulated time by this Court may fix. Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner. On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application in aforesaid case, which is pending since 27.07.2020 before respondent no. 3. If any such urgency application is preferred, it is expected that respondent no. 3 shall decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties." Learned Standing Counsel on the basis of the instructions dated 27.01.2025 received from the present Naib Tehsildar has submitted that the urgency application of the applicant has been decided by order dated 27.01.2025, the copy of which has been provided to the learned counsel for the applicant today also.
Learned counsel for the applicant has submitted that when the file is not available, how the order could be passed, but nothing is available on record whatever the arguments raised by the learned counsel for the applicant. He has further submitted that after the issuance of the notice, there is a general practice that the officers started harassing the villagers. All the
arguments made by the learned counsel for the applicant is beyond the pleadings and orally made only today. The urgency application of the applicant has already been decided and the present contempt petition has become infructuous, as such, the same is
dismissed as infructuous. Notice issued earlier, if any, stand discharged.
Order Date :- 29.1.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench