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Neutral Citation No. - 2025:AHC:107585 Court No. - 34 Case :- WRIT - C No. - 19509 of 2025 Petitioner :- Shesh Dhar Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dan Bahadur,Vikas Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This is a second writ petition. Earlier Writ-C No. 9819 of 2023 was filed which was disposed of vide order dated 04.04.2023 and following order was passed:-
"Heard learned counsel for the petitioner, learned counsel for Gaon Sabha and learned Standing Counsel appearing for the State respondents. The present petition has been filed praying to direct the respondent No.3, Tehsildar, Tehsil Phoolpur, Prayagraj to comply with the order dated 25.4.2022, passed by Sub Divisional Magistrate, in Case No. 547 of 2019 (Computerized Case No. T201902030200547) (Smt. Gulabpatti and other vs. Gaon Sabha), passed u/s 24 of U.P. Revenue Code, 2006 and affix stone on the boundary of disputed property, in which regard the petitioner has moved a representation dated 2.2.2023, within a stipulated time period. Having heard the learned counsel for the parties and without expressing any opinion on the merit of the case, the present petition is disposed of with a direction to the respondent No.2/Sub Divisional Magistrate, Phoolpur, District Prayagraj, to complete the proceeding of fixing pillars of boundaries as per Rule 22(12) of U.P. Revenue Code Rules, 2016 in pursuance of order dated 25.4.2022 to comply with the order dated 25.4.2022, expeditiously preferably within a period of three months from the date of production of certified copy of this order, if there is no other legal impediment." Thereafter, petitioner had preferred Contempt Application (Civil) No. 8733 of 2023 which was disposed of on 02.12.2023 and following order was passed:-
"Heard learned counsel for the applicant. The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 04.04.2023 passed by this Court in Writ Petition No.9819 of 2023. It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 04.04.2023. Copy of the said order was served to the
opposite party on 25.05.2023, but the said direction has not been complied with by the opposite party till date.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition. However, no notice is issued to the opposite party at this stage. The opposite party is granted three months? further time to comply with the order dated 04.04.2023 passed by this Court in Writ Petition No.9819 of 2023 from the date of production of a certified copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed 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 the order through the self-addressed envelop within a week thereafter. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again. With the aforesaid observations, this application is finally disposed of at this stage." According to petitioner's counsel, petitioner has filed a second contempt application. The second writ petition for same cause of action is not maintainable. The writ petition is misconceived and stands dismissed. Order Date :- 8.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad