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2025 DAILYLAW 17676 (ALL)

MEERA DEVI v. SUNIL KUMAR DHANWANTA SUB DIVISIONAL MAGISTRATE

CAPL/626/2025 · 2025-02-13

Piyush Agrawal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20494 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 626 of 2025 Applicant :- Meera Devi Opposite Party :- Sunil Kumar Dhanwanta Sub Divisional Magistrate Counsel for Applicant :- Manoj Kumar Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 26.09.2024 passed in Public Interest Litigation (PIL) No.-1928 of 2024 filed by the applicant, the Court directed as under: "Considering the aforesaid facts and circumstances of the case, the Public Interest Litigation is being disposed of with a direction to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006 within a period of two weeks from today before the respondent concerned. In the eventuality of filing such an application, the Revenue Authorities shall proceed to register a case and make all endeavour to conclude the proceedings within a period of two months, strictly, in accordance with law." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party no.1 on 18.10.2024, but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within three months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 13.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad