Vishal Kumar Gupta Vs Vinay Ranjan Consolidation Officer Gauriganj Amethi — Allahabad HC (2024) — LawSathi Research

Vishal Kumar Gupta Vs Vinay Ranjan Consolidation Officer Gauriganj Amethi — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt application disposed of; respondent-Officer directed to provide certified copies of the objection under Section 9A of the U.P. Consolidation of Holdings Act dated 18.01.2021, the application dated 19.01.2021, the delay condonation application, the affidavit and the compromise dated 19.01.2021 to the applicant if he files such an application; original record returned to the respondent-Officer.

Issue for consideration

Whether any contempt is made out against the opposite party for alleged non-compliance with the writ Court's direction to decide the applicant's representation and for withholding certified copies of consolidation records. +1 more

Court's answer

The writ Court's direction to decide the applicant's representation having been complied with (representation decided on 11.06.2024), no contempt is made out.

Ratio / Principle

The contempt application stands disposed of with a conditional direction to the respondent-Officer to provide certified copies of the documents mentioned (objection under Section 9A dated 18.01.2021, application dated 19.01.2021, delay condonation application, affidavit and compromise dated 19.01.2021) in case the applicant files such an application; the original record placed by the respondent-Officer is returned to him.

Detailed headnote1 paragraphs

Contempt Application (CIVIL) No. 1559 of 2024, Vishal Kumar Gupta v. Vinay Ranjan, Consolidation Officer, Gauriganj, Amethi (High Court of Judicature at Allahabad, Lucknow Bench, Rajeev Singh, J., order dated 22.07.2024): The writ Court's direction to decide the applicant's representation having been complied with by the Consolidation Officer's decision dated 11.06.2024, no contempt was made out. The application was disposed of with a conditional direction to the respondent-Officer to furnish certified copies of the objection under Section 9A of the U.P. Consolidation of Holdings Act dated 18.01.2021, the application dated 19.01.2021, the delay condonation application, the affidavit and the compromise dated 19.01.2021 if the applicant moved such an application; the original record was returned to the respondent-Officer.

Neutral Citation No. - 2024:AHC-LKO:49141

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1559 of 2024

Applicant :- Vishal Kumar Gupta

Opposite Party :- Vinay Ranjan Consolidation Officer Gauriganj Amethi Counsel for Applicant :- Rakesh Kumar Yadav

Hon'ble Rajeev Singh,J.

On 10th July, 2024, following order was passed.

"1. In pursuance of earlier order, Sri Vinayak Saxena, learned Standing Counsel filed afÏdavit of compliance duly sworn by Mr. Vinay Ranjan, Consolidation OfÏcer, Gauriganj, Amethi and same is taken on record.

Learned counsel for the respondent submits that representation of the applicant has already been decided on 11.6.2024. He also submits that Gata No.679/4 was recorded in the name of applicant & one another person and applicant was the recorded tenure holder of the aforesaid gata, area 0.206 hectare but during the consolidation period in the most mechanical manner his area is reduced by the Consolidation OfÏcers. He also submits that all the facts have already been considered by the Consolidation OfÏcer in his order dated 11.6.2024.

Learned counsel for the applicant submits that till today copy of the order dated 8.2.2021 passed in Case No.2051-2052 has not been provided to him as the same is being hidden by the Consolidation OfÏcer.

List this case on 22.7.2024.

On the next date, respondent shall appear before this Court alongwith record of Case No.2051-2052."

In pursuance of the aforesaid order, respondent-Mr. Vinay Ranjan, Consolidation OfÏcer, Gauriganj, Amethi is present before this Court, who while placing written instructions dated 20.07.2024, informs that certified copy of the order 08.02.2021 is already provided to the applicant. He also informs that, in case, applicant moves any application for obtaining certified copes of the objection under Section 9A of the U.P. Consolidation of Holdings Act dated 18.01.2021, the application dated 19.01.2021, delay condonation application, afÏdavit as well as compromise dated 19.01.2021, the same will be provided to him within three days from the date of moving of such application.

It is undisputed fact that the direction was issued by the writ Court for deciding the representation of the applicant, which has already been decided. Accordingly, no contempt is made out.

In view of above, the contempt application stands disposed of with the direction to the respondent-OfÏcer to provide certified copies of the documents to the applicant, as mentioned above, in case, any such application is filed by the applicant.

Original record placed by the respondent-OfÏcer is returned to him.

Order Date :- 22.7.2024 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench