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2025 DAILYLAW 42952 (ALL)

BIHARI v. PAWAN KUMAR SINGH SUB-DIVISIONAL OFFICER, TEHSIL SADAR

CAPL/1715/2025 · 2025-04-16

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57017 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1715 of 2025 Applicant :- Bihari Opposite Party :- Pawan Kumar Singh Sub-Divisional Officer, Tehsil Sadar Counsel for Applicant :- Kailash Nath Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 07.08.2023 passed in Writ C No. 25082 of 2023 filed by the applicant, the writ Court directed as under: "5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2/ Sub Divisional officer, Sadar, District-Jaunpur to register the aforementioned suit within period of two weeks from the date of production of certified copy of this order before him and decide the aforementioned suit in accordance with law expeditiously and preferably within a period of eight months from the date of registration of suit after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party, but the opposite party has willfully 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 for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit 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 the applicant(s) 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 :- 17.4.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad