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Allahabad High Court · body

2025 DAILYLAW 186540 (ALL)

VIJAY NAND ALIAS VIJYANAND DIXIT v. ABHISHEK YADAV, TEHSILDAR TEHSIL TILOI DISTT. AMETHI

CAPL/3970/2025 · 2025-12-05

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. - 3970 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non- compliance of the judgment and order dated 31.08.2024 passed in Matters under Article 227 No. 4150 of 2024. The relevant part of the said judgment and order is being reproduced hereinbelow:- "At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending Mutation application registered as Computerized Case No.T202304710804625 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order." Learned counsel for the applicant has submitted that despite the service of Versus Counsel for Applicant(s) : Utkarsh Misra, Abhishek Dwivedi, Subhash Pandey Counsel for Opposite Party(s) : Vijay Nand Alias Vijyanand Dixit .....Applicant(s) Abhishek Yadav, Tehsildar Tehsil Tiloi Distt. Amethi .....Opposite Party(s) copy of the judgment and order dated 31.08.2024 on 11.09.2024 upon respondent till date the matter is pending and no decision has been taken thereon. After hearing learned counsel for the applicant and perusing the record, it is found that the order passed in the writ petition is conditional i.e. the applicant had to furnish an undertaking that the applicant will not seek any unnecessary adjournment and shall also cooperate in early disposal of case and in case the said undertaking is not furnished by the applicant then, the applicant would not be entitled for the benefit of the judgment and order of the Writ court dated 31.08.2024. Learned Counsel for the applicant has failed to show any document whereby it could be seen that the applicant had furnished aforesaid undertaking. As the judgment and order of the Writ Court was conditional, thus, benefit of the said judgment and order has not been extended to the applicant rather it is mentioned in the order itself in case of non furnishing of undertaking, the applicant would not be entitled for the benefit of the judgment and order of the Writ Court, hence, no contempt is made out. In view of the aforesaid facts, circumstances and discussion, the present contempt application is dismissed. December 5, 2025 Ashish CAPL No. 3970 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench