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2025 DAILYLAW 57582 (ALL)

SARVAR ALI v. KRISHNA KARUNESH, DISTRICT MAGISTRATE AND 2 OTHERS

CAPL/2239/2025 · 2025-05-13

Salil Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:78856 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2239 of 2025 Applicant :- Sarvar Ali Opposite Party :- Krishna Karunesh, District Magistrate And 2 Others Counsel for Applicant :- Ashwani Kumar Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 25.9.2024 passed by this Court in Public Interest Litigation (PIL) No. 1903 of 2024 whereby this Court had directed the concerned revenue authorities to register a case under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, 'Code, 2006') on the application of the petitioner/applicant. A perusal of the averments made in the affidavit show that the applicant had submitted the application before all the revenue authorities which includes the District Magistrate, Sub-Divisional Magistrate of the concerned Sub-Division and the Tehsildar/Assistant Collector. A reading of the affidavit as a whole does not show that the applicant had any time prosecuted the application under Section 67 of the Code, 2006 before the concerned authorities. Proceedings under Section 67 of the Code, 2006 are registered before the Assistant Collector and the Tehsildar has been notified as Assistant Collector for proceedings under Section 67 of the Act, 2006. Appeal against the order passed by the Assistant Collector is filed before the Collector under Section 67(5) of the Code, 2006. A reading of the affidavit as a whole shows that the applicant and his counsel are ignorant of the proceedings under Section 67 of the Code, 2006. The application under Section 67 of the Code, 2006 has been submitted before all the three revenue authorities named above who have also been arrayed as contemnors in the present case. As the applicant and his counsel appear to be ignorant about the statutory position regarding Section 67 of the Code, 2006, no allegation regarding willful disobedience by any revenue authority of the order passed by this Court can be, prima facie, believed. The contempt application is dismissed. Order Date :- 14.5.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad