HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1104 of 2023 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. Heard. 2. The present contempt application has been preferred against alleged non-compliance of judgement and order dated 29.01.2008 passed in Writ Petition No.479 (M/S) of 2008, the relevant extract of the order id quoted hereinbelow: "In so far as, the remand of the matter to the Tehsildar for decision afresh is concerned, the order dated 6.9.2007 is not being interfered with. Opposite party no.4 shall decide the matter after affording opportunity of hearing to the petitioner as well as opposite parties within period of six weeks from the date a certified copy of this order is served upon the said opposite party. Until such time the matter is decided, as aforesaid, the possession of the petitioner from over the property in question shall not be disturbed. With the aforesaid direction, the writ petition is finally disposed of." 3. Learned counsel for the respondent has submitted that the present contempt application has been filed in April 2023 for alleged non- compliance of the order dated 29.01.2008. 4. It is further submitted that the applicant is not entitled for the benefit of order dated 29.01.2008 after final decision taken by the Tehsildar on Versus Counsel for Applicant(s) : Ram Prasad Nigam, Balak Ram, Pinki Devi, Shri Prakash Verma Counsel for Opposite Party(s) : Om Prakash Yadav Mohd. Harun .....Applicant(s) Sub Divisional Magistrate, Alapur, Distt. Ambedkar Nagar And Others .....Opposite Party(s) 2.8.2022. 5. On the other hand, learned counsel for the applicant has submitted that on 6.10.2022 the private respondent had interfered in the possession of the applicant, thereafter, the present contempt application has been filed. 6. After hearing learned counsel for the parties and going through the record, it is found that there was a direction of the writ court that until the matter is decided, the possession of the petitioner over the property in question would not be disturbed. The matter has already been decided by the Tehsildar by order dated 2.8.2022, copy of which has been enclosed itself in the contempt application, therefore, it cannot be said that there is violation of the order passed by the writ court as the protection was only till the final decision is taken by the Tehsildar, whereas alleged interference is of the subsequent date i.e. 06.10.2022. Hence, the contempt application is devoid of merits and it is, accordingly, dismissed. 7. The notice, if any, issued against the respondent is discharged. November 6, 2025 S. Kumar CAPL No. 1104 of 2023 2 (Manish Kumar,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench