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2025 DAILYLAW 42684 (ALL)

BHAGWAN SINGH v. PREM PAL SINGH, THE SUB DIVISIONAL MAGISTRATE, TEHSIL-SAHASWAN

CAPL/1772/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57393 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1772 of 2025 Applicant :- Bhagwan Singh Opposite Party :- Prem Pal Singh, The Sub Divisional Magistrate, Tehsil-Sahaswan Counsel for Applicant :- Satya Prakash Maurya,Surya Nath Bhatt Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 17.10.2024 passed in Writ C No. 33049/2024 filed by the applicant, the writ Court directed as under: " In the considered view of the Court, petitioner wants change of entry as a title holder of agricultural land for which he may approach the concerned competent revenue authority by moving appropriate application under Section 76 of U.P. Revenue Code, 2006 and if he does so within a period of six weeks' from today, the same shall be considered and disposed of by the concerned competent authority within a further period of two months strictly in accordance with law after affording opportunity of hearing to all the parties concerned." 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 two 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 :- 18.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad