Dismissed

Soran Singh v. Shri Prabhu N. Singh District Magistrate

Allahabad HC3 Aug 2021CAPL/265/2021

Case brief

AI extract

What is this about?

In this contempt application, the applicant sought directions to initiate proceeding against the District Magistrate for alleged non-compliance of a writ order regarding land measurement and demarcation. The Court examined the compliance affidavit filed by the opposite party, which claimed completion of measurement and demarcation. Finding the order substantially complied with, the Court held the

What did the court decide?

Contempt application dismissed as infructuous on the grounds of having been substantially complied with.

Soran Singh Vs Shri Prabhu N. Singh District Magistrate — Contempt of Court | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 265 of 2021

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Applicant :- Soran Singh Opposite Party :- Shri Prabhu N. Singh District Magistrate Counsel for Applicant :- Deepak Kumar Jaiswal

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Hon'ble Prakash Padia,J.

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The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 30.09.2019 passed in Writ B No.2334 of 2019. The operative portion of the order is reproduced hereinbelow :-

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"In view of the aforesaid, no mandamus can be issued to the District Magistrate, Agra to ensure delivery of possession to the petitioner. However, the aforesaid facts shall be considered by the District Magistrate, Agra while deciding the application dated 6.8.2019 filed by the petitioner.

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Without expressing any opinion on the merits of the case, the District Magistrate, Agra, i.e., respondent no. 4 is directed to decide the aforesaid application in accordance with law expeditiously, within a period of six months from the date a certified copy of this order is produced before him, in case, there is no legal impediment in deciding the aforesaid application.

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With the aforesaid direction, the writ petition is disposed of."

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Affidavits of compliance were filed by the opposite party. In paragraph 6 of the aforesaid affidavit it is stated that in compliance of the order passed by this Court, the measurement of Chak No.608 new Gata No.592 has been done in presence of applicant and demarcation has been done finally on the land in question. The paragraph 6 and 7 of the affidavit of compliance is reproduced hereinbelow :-

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"6. That the deponent in compliance of the order passed by this court dated 30.09.2019 decided the application of the applicant in respect of measurement of Chak no.608 new Gata No.592. A copy of the order passed by the District Magistrate, dated 22.02.2020 is being annexed herewith as marked as Annexure No.1 to this affidavit.

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7. That from reading of order of the deponent dated 22.02.2021 the applicants' application for measurement of new Gata No.592 unnecessary order has been passed and measurement has been completed by constituting a team and finally demarcation has been made upon the land in dispute. The said exercise of the measurement has been completed by a Joint Team of the consolidation department and revenue department with the help of the police force. A copy of the spot memo along with the map is being annexed herewith as Annexure No.2 collectively. The spot memo

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has been duly signed by the persons present on the spot including the officers who conducted the measurement exercise."

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In view of the same, since the order passed by the writ court has already been complied with substantially, therefore, no cause of action remained survive.

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Accordingly, present contempt application is dismissed as infructuous. However, in case applicant is still aggrieved against the decision taken by the authorities concerned, it is open for the applicant to challenge the same before the appropriate forum.

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Order Date :- 3.8.2021 Pramod Tripathi

Soran Singh v. Shri Prabhu N. Singh District Magistrate

Case brief

What is this about?

What did the court decide?

Soran Singh v. Shri Prabhu N. Singh District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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