Saraswati Vs Sri A.R. Farooqi Sub Divisional Magistrate and Another

Court No. - 65

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4966 of 2020

Applicant :- Saraswati Opposite Party :- Sri A.R. Farooqi Sub Divisional Magistrate And Another Counsel for Applicant :- Ajeet Kumar Baranwal,Dibya Baranwal

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Hon'ble Saumitra Dayal Singh,J.

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The learned counsel for the applicant submits that vide order dated 28.09.2018 passed in Writ-C No.32866 of 2018, the petitioner's writ was disposed of on the following terms:

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"The sole prayer of the learned counsel for the petitioner is that the Suit No. 112 of 2013 (Computer Case No. T-201305443249) under Section 229-B of the U.P.Z.A. & L.R. Act, 1950, be expeditiously decided within a stipulated period of time.

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It is, therefore, directed that the Sub Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar shall decide the Suit No. 112 of 2013 (Computer Case No. T-201305443249) within a period of one year from the date of production of a certified copy of this order, provided there is no other legal impediment.

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The writ petition is disposed of."

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Learned counsel for the applicant submits that the aforesaid order has willfully been disobeyed as the proceeding is still pending.

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Though the breach of the order dated 28.09.2018 has occurred but in the the present circumstances, arising from the spread of pandemic covid-19 functioning of Courts, Tribunal and other quari judicial authorities has not normalized. In these circumstances, the present application is disposed of with the direction that the non-applicant will ensure that the order of writ court is complied with as expeditiously as possible necessary within a period of six months from today subject to the applicant filing copy of this order before the authority within two weeks from today and subject to her not seeking any adjournment during aforesaid period of time.

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The contempt petition is disposed of.

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Order Date :- 18.12.2020 Pr/-

Saraswati v. Sri A.R. Farooqi Sub Divisional Magistrate and Another

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Saraswati v. Sri A.R. Farooqi Sub Divisional Magistrate and Another

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