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2025 DAILYLAW 43246 (ALL)

ANIL KUMAR AND 6 OTHERS v. SHRI P. GURU PRASAD. PRINCIPAL SECRETARY (REVENUE), GOVERNMENT OF U.P. AT LUCKNOW

CAPL/1760/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57364 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1760 of 2025 Applicant :- Anil Kumar And 6 Others Opposite Party :- Shri P. Guru Prasad. Principal Secretary (Revenue), Government Of U.P. At Lucknow Counsel for Applicant :- Dharmendra Kumar Tripathi,Manoranjan Shukla Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicants. Vide order dated 19.12.2024 passed in Writ A No. 17116 of 2024 filed by the applicants, the writ Court directed as under: "4. As no useful purpose would be served in keeping the matter pending, with the consent of counsel for the parties, the writ petition is disposed of, at the admission stage, without calling for counter affidavit with a direction upon respondent no. 1 to accord due consideration to the recommendation of the District Magistrate, Kasganj and take decision, strictly in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this order." Learned counsel for the applicants 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 two months from the date of production of a copy of this order. The applicants 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 applicants 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 applicants 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 applicants 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 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad