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2025 DAILYLAW 197363 (ALL)

SAMIDUL v. SMT. KAVITA THAKUR POSTED AS TEHSILDAR HADERGARH BRABANKI

CAPL/4207/2025 · 2025-12-19

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4207 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. The present contempt application has been preferred alleging therein that the judgement and order dated 21.08.2025 passed in Matters under Article 227 No. 4934 of 2025 has not been complied with. The relevant part of the judgment and order dated 21.08.2025 is being reproduced hereinbelow:- " 6. Considering the facts and circumstances of the case, without entering into the merits, respondent no. 1 - Tehsildar, Haidergarh, Barabanki is directed to decide Mutation Case No. 6192/2023, Computerized Case No. T202304120506192 (Abdul Hasan Vs. Nanhe alias Nanhai,) U/S 34/35 of U.P. Land Revenue Act, 1901, expeditiously, say within a period of three months from the date of production of certified copy of this order, in accordance with law, if there is no legal impediment. 7. It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances. " Learned Counsel for the applicant has submitted that the copy of the judgment and order of the Writ Court was served upon respondent on 29.08.2025 and from that three months period has already expired on 29.11.2025 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. From perusal of the order sheets enclosed collectively with the present contempt application as Annexure no. 3, it reveals that after service of the judgment and order of the Writ Court on 29.08.2025, the case was fixed on 12 dates, out of which on 7 dates either lawyers were abstaining from judicial work or there were condolence and on Versus Counsel for Applicant(s) : Vivek Kumar Verma, Pravin Kumar Verma Counsel for Opposite Party(s) : Samidul .....Applicant(s) Smt. Kavita Thakur Posted As Tehsildar Hadergarh Brabanki .....Opposite Party(s) the rest of the dates, the matter was taken up by the Court and the orders were passed. So 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 wants to withdraw the present contempt application and the same may be dismissed as withdrawn with liberty to file afresh contempt application at an appropriate stage. As such, the present contempt application is dismissed as not pressed with liberty, as prayed for. December 19, 2025 Ashish CAPL No. 4207 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench