HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4562 of 2025 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Mr. Shailesh Kumar, Tehsildar, Tehsil- Budhanpur, District- Azamgarh is present in the Court today, who is identified by Sri Manoj Pandey, learned Standing Counsel. 2. An affidavit of compliance has been filed today, which is taken on record. 3. It is contended by learned Standing Counsel that the order date 13.10.2022 passed in proceedings under Section 67 of U.P. Revenue Code, 2006 could not be complied with as against the said order, an appeal under Section 67(5) was filed by one Lalchand before the Chief Revenue Officer, Azamgarh which was dismissed on 05.12.2024. Lalchand preferred Writ-C No.10246 of 2025 before this Court, in which, the writ Court had passed an interim order on 16.04.2025 directing the parties to maintain status quo and following order was passed:- "1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ order or direction in the nature of certiorari quashing the effect and operation of the order dated 05-12-2024 passed by the Respondent No 3, in Case No. 2393 of 2024, Computerized Case No. D202415060002393, Lal Chandra Versus Tehsildar Budhanpur, Under Versus Counsel for Applicant(s) : Ram Krishna Mishra, Suresh Chand Yadav Counsel for Opposite Party(s) : Ramjeet Yadav .....Applicant(s) Shailesh Kumar, Tehsildar / Assistant Collector, Tehsil-Budhanpur .....Opposite Party(s) Section 67(5) U.P. Revenue Code., as well as the order dated 13-10-2022, passed by the respondent No.4, in Case No. 2850 of 2022 Computerized Case No. T202215060602850 Report Versus Lal Chandra, Under Section 67 of U.P. Revenue Code. (II)- Issue a writ order or direction in the nature of Mandamus directing the respondents to proceed further only after proper demarcation of the land in dispute bearing Gata No. 48/0.031 Hectare Situated at Willage- Kalhora, Pargana-Kaudiya, Tehsil-Budhanpur, District- Azamgarh, and the proceedings shall be directed to be completed within stipulated time frame as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that against an ex parte order passed by Tehsildar under Section 67 of the U.P. Revenue Code, 2006, an appeal was filed by the petitioner wherein various grounds were taken by the petitioner and objection was taken that the order has been passed without their being any demarcation of land. Petitioner prayed before the Appellate Court that before deciding the appeal, land in dispute be demarcated. Appeal has been dismissed on the ground that petitioner ought to have file such application before the Tehsildar which he has not done, therefore, no such demarcation can be made. No finding on the objections taken by the petitioner has been recorded by the Appellate Court and has mechanically confirmed the order impugned. 4. Respondents No.1 to 4 are represented by learned Standing Counsel. 5. Respondent No.5 is represented by Shri R.P. Shukla, Advocate. 6. Respondents are granted four weeks' time to file counter affidavit. 7. Rejoinder affidavit, if any, be filed within two weeks thereafter. 8. List thereafter. 9. Till then, parties are directed to maintain status quo." 4. As the writ Court had entertained the writ petition filed by Lalchand and had directed the parties to maintain status quo, eviction cannot be CAPL No. 4562 of 2025 2 carried out. 5. In view of the said fact as the writ Court had stayed the eviction of the Lalchand from the property in dispute, no case for contempt is made out. 6. Contempt application stands dismissed. Bailable warrant stands discharged. April 23, 2026 SK Goswami CAPL No. 4562 of 2025 3 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad