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2025 DAILYLAW 198258 (ALL)

IMRAN ALI v. ASHUTOSH PANDEY, TEHSILDAR/ASSISTANT COLLECTOR TARABGANJ GONDA

CAPL/3358/2025 · 2025-10-17

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3358 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 27.05.2025 passed by Writ Court in Matters under Article 227 No. 3301 of 2025. The relevant part of the said judgment and order is being reproduced hereinbelow:- " Considering the facts, as stated, as also the statutory provision, as per which the proceedings under Section 67 of U.P. Revenue Code, 2006 should be concluded within a period of 90 days, this Court is of the view that no fruitful purpose would be served in keeping the present petition pending. Accordingly, present petition is disposed of with direction to opposite party No.1- Tehsildar/Assistant Collector-Tarabganj, District-Gonda/Executing Court to conclude the proceedings of the case, in issue, i.e. Case No. 7451/2024 (Computer Case No. T202408300607451) (Gram Sabha Versus Farukh) most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of 90 days from the next date fixed in the case, if there is no other legal impediment in this regard." Learned counsel for the applicant has submitted that the execution proceedings are pending and no decision is being taken thereon, hence, the respondent is liable to be punished under the Contempt of Courts Act, 1971. On being asked from the learned counsel for the applicant whether the proceedings under Section 67 of the U.P. Revenue Code, 2006 has been decided or not, he has fairly replied that the same has been decided and thereafter an application under para 460 of U.P. Revenue Court Manual has been preferred for execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, which is pending. Versus Counsel for Applicant(s) : Anand Pratap Singh, Jiyauddeen Counsel for Opposite Party(s) : Imran Ali .....Applicant(s) Ashutosh Pandey, Tehsildar/Assistant Collector Tarabganj Gonda .....Opposite Party(s) After hearing learned counsel for the applicant and going through the judgment and order of the Writ Court dated 27.05.2025, it is found that the direction of the Writ Court was for deciding the proceedings pending under Section 67 of the U.P. Revenue Code, 2006 and there was no relief claimed by the applicant in the writ petition for directing the respondents to decide the proceedings under para 460 of U.P. Revenue Court Manual for execution/implementation/compliance of the order passed under Section 67 of the U.P. Revenue Code, 2006. In view of the aforesaid, the present case is devoid of merits, hence, dismissed. October 17, 2025 Ashish CAPL No. 3358 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench