HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3192 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 14.09.2023 passed in Matters Under Article 227 No. 4560 of 2023. The relevant extracts of the said judgment are quoted hereinbelow:- "Considering the fact that the case in issue relates to mutation proceedings and as per law, the same ought to have been decided expeditiously, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. Accordingly the present petition is disposed of with direction to respondent No.-2 to consider and decide the recall application dated 27.12.2006 as also pending proceedings of Case No. 10/ 10/ 12/19/ 21/ 23/ 32/ 79/ 506/ 24/ 61/ 2/ 9/ 2004-2005 (Yogendra Versus Ramraj), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of four months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of." Learned counsel for the applicant has submitted that this Court vide its order dated 14.09.2023 has directed to decide the case no. 10/10/12/19/21/23/32/79/506/24/61/2/9/2004-2005 (Yogendra Versus Ramraj), most expeditiously, preferably within a period of four months from the next date fixed before it but the same has not been decided till date. It is further submitted that the next date fixed in the matter was 29.01.2024 and four months' period had expired on 29.05.2024 and from the said date, one year period has already expired on 29.05.2025. Learned Standing counsel has submitted that the present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as one year period has already expired on 29.05.2025 and the present contempt Versus Counsel for Applicant(s) : Aviral Srivastava Counsel for Opposite Party(s) : Yogendra @ Joginder Pershad Pandey .....Applicant(s) Mr. Ashutosh Pandey Incharge Of Tehsildar Tehsil Tarabganj Gonda .....Opposite Party(s) application has been preferred with a delay of about four month i.e. on 23.09.2025. Section 20 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act, 1971) is reproduced hereinbelow:- "20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971 as one year period had expired on 29.05.2025 whereas the present contempt application has been filed on 23.09.2025 i.e. after about four months, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the submissions relating to Section 20 of the Act, 1971. In the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed. In view of above, contempt has alleged to have been committed on 29.05.2024 whereas the present contempt application has been preferred after about four months from the date of expiry of one year period i.e. on 23.09.2025, hence it is bared by Section 20 of the Contempt of Courts Act, 1971. In view of the facts and circumstances of the case, the present contempt application is dismissed. October 7, 2025 Nitesh CAPL No. 3192 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench