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2025 DAILYLAW 170257 (ALL)

TIHUL v. SRI PAWAN KUMAR JAISWAL, SUB DIVISIONAL OFFICER, AMBEDKAR NAGAR

CAPL/4802/2024 · 2025-02-12

Manish Kumar

Contempt Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9096 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4802 of 2024 Applicant :- Tihul Opposite Party :- Sri Pawan Kumar Jaiswal, Sub Divisional Officer, Ambedkar Nagar Counsel for Applicant :- Maneesh Singh Counsel for Opposite Party :- Prabhakar Tiwari Hon'ble Manish Kumar,J. Heard. The present contempt petition has been preferred for non- compliance of the judgement and order dated 16.10.2023 passed in the petition Matter Under Article 227 No.5269 of 2023, the relevant extract is quoted hereinbelow: "Considering the aforesaid, the instant petition is disposed of with a direction to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law." Sri Prabhakar Tiwari, learned counsel for the respondent has submitted that in compliance of judgement and order dated 16.10.2023 passed in Matter under Article 227 No.5269 of 2023 by the writ court, the proceeding under Section 144 of U.P. Revenue Code, 2006 has been decided by order dated 07.02.2025, copy of which has been produced during course of argument, which is taken on record. At this stage, learned counsel for the applicant has very fairly submitted that in compliance of the judgment and order passed by the writ court, the claim of the applicant has been decided and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous. As such, the present contempt application is dismissed as infructuous. Notice issued earlier, if any, stand discharged. Order Date :- 12.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench