Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 7178 of 2025 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 16.07.2025 while disposing of Writ-C No. 22555 of 2025 passed the following order:-
"1. This writ petition has been filed with the following prayer:-
"Issue a writ order or direction in the nature of mandamus direct the respondents to provide the possession to the petitioner in the land in dispute in pursuance to the order dated 30.01.2019 proceeding Under Section 24 of U.P. Revenue Code, 2006, within stipulated period."
2. The petitioner claims that an order under Section 24 of U.P. Revenue Code, 2006 was passed way back in 2019 but the same has not been complied with. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, the petitioner is directed to move an application before respondent No.2 for compliance of the said order and in case there are no legal impediment, the officer concerned shall proceed with the mater and decide the same in accordance with law, within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) :
Smt. Phekui .....Applicant(s) Shri Sharad Chaudhary .....Opposite Party(s)
5. It is made clear that this Court has not adjudicated the matter on merits."
2. Learned counsel for the petitioner submits that the proceedings under Section 24 has been decided in his favour on 30.01.2019 but the order under Section 24 has not been complied with. 3. The State has filed it affidavit on 24.03.2026, wherein, in paragraph nos. 11 and 12, it has been stated that a civil suit is pending before the court of the Civil Judge (Junior Division), Ballia, being Case No. 49 of 2026 in regard to Gata No. 323. It is further added that as the suit for removal of encroachment is pending consideration, the officer could not proceed in the matter. 4.
This Court finds that as civil suit is pending consideration, no direction can be issued while exercising jurisdiction under Section 12 of the Contempt of Courts Act as it amounts to decide the suit in proceedings under Section
12. 5. The contempt application is misconceived, at this stage, and stands dismissed. 6. Contempt notice stands discharged. 7. However, it is open to the applicant to approach the civil court and get the suit decided. May 5, 2026 A. V. Singh CAPL No. 7178 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad