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2025 DAILYLAW 36726 (ALL)

UMESHI DEVI v. NARESH PAL, NAIB TEHSILDAR, TEHSIL JASRANA

CAPL/1631/2025 · 2025-04-10

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53551 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1631 of 2025 Applicant :- Umeshi Devi Opposite Party :- Naresh Pal, Naib Tehsildar, Tehsil Jasrana Counsel for Applicant :- Rakesh Chandra,Snehlata Chaudhary Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 02.04.2024 passed in Writ C No. 5067/2024 filed by the applicant, the writ Court directed as under: "Considering the innocuous prayer made by the petitioner for expeditious disposal of the aforesaid case and also taking into consideration the fact that case of the petitioner is pending since long, the writ petition is disposed of by requiring the respondent no. 2 i.e. seized with the Case No. Case No. RST/1927/2022 (Ramkishore and others Vs. Babooram) to consider and decide the same expeditiously without giving any unnecessary adjournment to either of the parties within a period of 90 days from the date of service of certified copy of this order, strictly in accordance with law." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 14.11.2024, but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within three months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 11.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad