SAMSHAD v. ABHINAV KANAUJIA, UP-ZILADHIKARI TEHSIL MUSAFIRKHANA DISTT. AMETHI AND ANOTHER
CAPL/3725/2025 · 2025-11-18
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188484 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188484 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3725 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred against the alleged non- compliance of the judgment and order of the Writ Court dated 23.5.2025 whereby the Writ Court directed the respondent to decide the proceedings pending under Section 67 of the U.P. Revenue Code, 2006 within a period of 90 days from the date of certified copy of judgment and order dated 23.05.2025 is served upon the respondent.
Learned Counsel for the applicant has submitted that the copy of the
judgment and order of the Writ Court was served upon respondent on 06.06.2025 and from that three months period has already expired on 09.09.2025 but the same is still pending, hence, it amounts to wilful disobedience of the judgment and order passed in the Writ Petition and the respondent is liable to be punished under the provisions of Contempt of Courts Act, 1971. After hearing learned counsel for the applicant and going through the material available on record particularly the copies of the order sheet from 11.10.2024 to 11.09.2025 enclosed with the present contempt application, it is found that after service of judgment and order upon the respondent, the case was first listed on 16.06.2025. Since 16.06.2025 till 11.09.2025, the case was listed on 14 dates and out of which, on 11 dates, the lawyers were abstaining from judicial work. Versus Counsel for Applicant(s) : Birendra Narain Shukla, Prabhaw Kumar Tripathi Counsel for Opposite Party(s) :
Samshad .....Applicant(s) Abhinav Kanaujia, Up-Ziladhikari Tehsil Musafirkhana Distt. Amethi And Another .....Opposite Party(s)
Learned Counsel for the applicant has also drawn attention of this Court to para 7 of the affidavit filed alongwith the present contempt application to show that after 11.09.2025, the case was fixed on 7 dates but the copy of the orders has not been enclosed with the present case. In view of the aforesaid, it cannot be said that the respondent is willfully or intentionally disobeying the judgment and order passed by the Writ Court. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present contempt application with a liberty to file afresh at the appropriate stage. As such, the present contempt application is dismissed as not pressed with liberty aforesaid. November 18, 2025 Ashish CAPL No. 3725 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench