HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2049 of 2024 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt proceedings has been instituted alleging disobedience of the judgment and order dated 28.10.2023 passed in Writ C No. 9430 of 2023. Relevant excerpts of the said judgment and order is being reproduced hereinbelow:- "Present petition has been preferred for compliance of the order dated 19.02.2018 passed by opposite party no. 2 in case no. 243/2013-2014 [Computerized No. T201602570404804] Gurudeen Verma vs. State under Section 41 of the U.P. Land Revenue Act ....... On the same very analogy, we permit the petitioner to institute an appropriate proceeding before the Revenue court and in case any such proceedings are instituted, the competent court shall proceed in accordance with law and finalize the execution proceedings without any delay say within a period of three months from today. " Learned counsel for the applicant has submitted that in pursuance of the order dated 28.10.2023, a case has been preferred for execution/compliance/implementation of the order dated 19.02.2018 but till date the same has not been decided. On the other hand, learned Standing Counsel has submitted that a compliance affidavit has been filed on 23.09.2025 by the respondent no. 2 in which a specific averment has been made that the order dated Versus Counsel for Applicant(s) : Puttu Lal Misra Counsel for Opposite Party(s) : Gurudeen .....Applicant(s) Shri Desh Deepak Singh, Sub-Divisional Officer, Pratapgarh .....Opposite Party(s) 19.02.2018 (order of which, compliance has been sought in writ petition) has been set aside by order dated 19.06.2025 on a recall aplication and the copy of the same has been enclosed as annexure A-3 to the compliance affidavit. It is further submitted that a civil suit is also going on before the Civil Judge (Junior Division) with regard to the Gata No. 62 i.e. the same property, which is in question in the present case and an injunction order has been granted on 28.09.2021 (copy of which has been enclosed as annexure no. A4 to the compliance affidavit). This fact had not been disclosed by the applicant at the time of filing of the writ petition in the year 2023. It is further submitted that in pursuance of the order dated 19.06.2025 whereby the order dated 19.02.2018 has been set aside, the proceedings under Section 28 of the Land Revenue Act for correction of map is pending before the Chief Revenue Officer, hence, there is no wilful or intentional disobedience of the order passed in the Writ Petition and the present contempt is liable to be dismissed. After hearing learned counsel for the parties and going through the record of the case, it is found that the order dated 19.02.2018 of which, compliance has been sought in writ petition has already been set aside by order dated 19.06.2025 and with regard to the same property, there is an injunction granted by the Civil Court and proceedings under Section 28 of the Land Revenue Act is also pending and these facts have not been disputed by the learned counsel for the applicant rather he has submitted that the averments made in the compliance affidavit are correct, hence, there is no question of wilful disobedience of the judgment and order dated 28.10.2023 by the respondent. In view of the facts, circumstances and discussion made hereinabove, the contempt application is dismissed. Notice issued, if any, stands discharged. November 7, 2025/Ashish CAPL No. 2049 of 2024 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench