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2025 DAILYLAW 62134 (ALL)

ASHWANI KUMAR v. SHRI AJAY KUMAR AMBUST,S.D.M.

CAPL/8553/2023 · 2025-01-16

Salil Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:7337 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 8553 of 2023 Applicant :- Ashwani Kumar Opposite Party :- Shri Ajay Kumar Ambust,S.D.M. Counsel for Applicant :- Vinod Kumar Pandey Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 22.12.2022 passed by this Court in Public Interest Litigation (PIL) No. 2031 of 2022. Through order dated 22.12.2022 this Court had directed the Sub-Divisional Magistrate, Incharge of the concerned Sub- Division for execution of an order passed under Section 67 of the Uttar Pradesh Revenue Code, 2006. Orders under Section 67 of the Uttar Pradesh Revenue Code, 2006 are passed by the Assistant Collector, Class-I and are executed by the same ofÏcer and not by the Sub-Divisional Magistrate. In view of the aforesaid, the order dated 22.12.2022 could not have been complied by the Sub-Divisional Magistrate, who has been impleaded as the opposite party in the present case. For the aforesaid reason, no willful disobedience of the order passed by the writ Court can be imputed to the opposite party or any Sub-Divisional Magistrate. The contempt application is not maintainable and is dismissed. Notices are discharged. Let the file be consigned to record. Order Date :- 16.1.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad