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2025 DAILYLAW 179176 (ALL)

ASHARFIYA KHATOON AND ANOTHER v. MR. HUBLAL, NAIB TEHSILDAR RAM NAGAR TEHSIL ALAPUR DISTT. AMBEDKAR NAGAR

CAPL/3597/2025 · 2025-11-11

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3597 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 25.07.2025 passed in Matters Under Article 227 No. 4398 of 2025. The relevant extract of the same is quoted hereinbelow:- "8. However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the aforesaid case before the trial court/competent authority. In case, such application is moved within two weeks from today the trial court/competent authority shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court/competent authority is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereupon in accordance with law. " Learned counsel for the applicant has submitted that the copy of the order passed in the writ petition has been served upon the respondent on 30.07.2025 but till date, no decision has been taken by him and that is nothing but a wilful disobedience of the order passed in the writ petition. After hearing learned counsel for the applicant and going through the record of the case, it is found that by order dated 25.07.2025 passed in the writ petition, liberty was given to the petitioner to move an appropriate application detailing urgency for expeditious disposal of the case pending before the respondent. On being asked from the learned counsel for the applicant as to whether the applicant had ever moved any appropriate application detailing urgency or not, he has submitted that no such application was ever moved except the application which has been enclosed as Annexure no. 2 to the paper book whereby only submitted the copy of the order passed in the writ petition. When there is no application detailing urgency for expeditious disposal of the case, then there was no occasion for the respondent to decide in absence of any application as directed by the writ Court. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit and is accordingly Versus Counsel for Applicant(s) : Ranjeet Singh Counsel for Opposite Party(s) : Asharfiya Khatoon And Another .....Applicant(s) Mr. Hublal, Naib Tehsildar Ram Nagar Tehsil Alapur Distt. Ambedkar Nagar .....Opposite Party(s) dismissed. Notice if any stands discharged. November 11, 2025 Nitesh CAPL No. 3597 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench