LAL BAHADUR YADAV v. SUNIL KUMAR DHANVANTA, SUB DIVISIONAL MAGISTRATE
CAPL/1610/2025 · 2025-04-09
Salil Kumar Rai
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52419 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1610 of 2025 Applicant :- Lal Bahadur Yadav Opposite Party :- Sunil Kumar Dhanvanta, Sub Divisional Magistrate Counsel for Applicant :- Ramendra Kumar Yadav,Richa Srivastav Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 3.8.2023 passed by this Court in Public Interest Litigation (PIL) No.1181 of 2023. Through order dated 3.8.2023, this Court had directed the concerned Sub Divisional Magistrate to decide and complete the proceedings registered under Section 67 of the U.P Revenue Code, 2006 (hereinafter referred to as 'Code, 2006'.) It is the claim of the applicant that the opposite party i.e., the Sub Divisional Magistrate has not yet decided the proceedings under Section 67 of the Code, 2006, therefore, has committed willful disobedience of the order passed by this Court and is liable to be prosecuted and punished in contempt. The proceedings under Section 67 of Code, 2006 are registered before the concerned Assistant Collector. The Tahsildar has been notified as the Assistant Collector to conduct the proceedings under Section 67 of the Code,
2006. The Sub Divisional Magistrate has no jurisdiction to adjudicate the proceedings under Section 67 of the Code,
2006. The order passed by this Court cannot be complied by the Sub Divisional Magistrate i.e., the opposite party. No willful disobedience of the order passed by this Court can be imputed to the Sub Divisional Magistrate. The application is dismissed. Order Date :- 10.4.2025 IB Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad