Dismissed

Mushahab Ali v. Mrs. Shakshi Rai, Tehsildar, Tehsil-Bangarmau, Distt. Unnao

Allahabad HC29 Apr 2024/1772/2024

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a contempt application filed by the applicant against the Tehsildar for alleged disobedience of a court order. The court held that no contempt was made out as the issue involved procedural matters following a remand and set-aside of lower authority orders.

What did the court decide?

The contempt application has been dismissed. No punishment is awarded.

Mushahab Ali Vs Mrs. Shakshi Rai, Tehsildar… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33287

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Court No. - 8

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1772 of 2024

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Applicant :- Mushahab Ali Opposite Party :- Mrs. Shakshi Rai, Tehsildar, TehsilBangarmau, Distt. Unnao Counsel for Applicant :- Adil Aziz Khan

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and perused the record.

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The instant contempt application has been filed for summoning and punishing the opposite party/contemnor for wilful and deliberate disobedience of the order dated 05.10.2023 passed by this Court in Writ-C No. 8504 of 2023. 3. It is evident from the record that earlier P.I.L. No. 568 of 2022 was filed by the applicant, which was disposed of vide order dated 02.09.2022 with the direction to Tehsildar, TehsilBangarmau, District- Unnao to decide the pending cases i.e. Case No. T202010690602484, Case No. T202010690602485, Case No. T202010690602486 and Case No. T202010690602487 in accordance with law within statutory period provided, if there is no other "legal impediment, from the date of production of certified copy of this order.

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Learned counsel for the applicant submits that in pursuance of aforesaid order, all the cases under Section 67 of U.P. Revenue Code, 2006 were decided by the competent authority and one appeal was preferred which was disposed of and one petition was also filed, which was allowed, by which, orders passed by the competent authority were set aside, however, competent authority is not proceeding in the matter as such prescribed authority is trying to disobey the directions passed by this Court in earlier petition as well as the petition which was preferred by encroachers, hence, the respondent may be summoned and punished accordingly.

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Considering the submissions of learned counsel for the applicant and going through the contents of the contempt application, order dated 02.09.2022 passed in P.I.L. No. 568 of 2022 filed by the applicant as well as other enclosures; it is evident that all the said cases were decided by the competent

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authority, thereafter, the competent authority's orders were challenged in Writ-C No. 8504 of 2023 by the aggrieved persons, which were set aside and the matter was remanded back.

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Subject to above, no contempt is made out, thus, the contempt application is dismissed .

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Order Date :- 29.4.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Mushahab Ali v. Mrs. Shakshi Rai, Tehsildar, Tehsil-Bangarmau, Distt. Unnao

Case brief

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Mushahab Ali v. Mrs. Shakshi Rai, Tehsildar, Tehsil-Bangarmau, Distt. Unnao

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