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2025 DAILYLAW 43361 (ALL)

VIDHICHAND v. SRI SHAILENDRA SINGH, TEHSILDAR, TEHSIL-GHOSI

CAPL/1755/2025 · 2025-04-17

Piyush Agrawal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:57277 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1755 of 2025 Applicant :- Vidhichand Opposite Party :- Sri Shailendra Singh, Tehsildar, Tehsil-Ghosi Counsel for Applicant :- Vijay Pratap Yadav Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 4.10.2024 passed in Public Interest Litigation No. 2012 of 2024 filed by the applicant, the writ Court directed as under: "Considering the innocuous prayer made by the petitioners for expeditious disposal of the aforesaid case and also taking into consideration the fact that case is pending since, 2023, the writ PIL is accordingly disposed of by requiring theTehsildar, Tehsil Ghosi, District Mau seized with the Case No. 3791 of 2023 (Computerized Case No. T202315510203791) (Gram Sabha Jamuwari versus Vriksh Jamuwari) and Case No. 3790 of 2023 (Computerize Case No. T202315510203790) (Gram Sabha Jamuwari versus Anil Jamuwari) to consider and conclude the proceedings within a period of ninety days as prescribed under Rule 67 (6) of the U.P. Revenue Code Rules, 2016. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 30.10.2024 , 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 :- 18.4.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad