Single bench order dismissing a Contempt Application after finding the applicant had not filed a recall application and that the prior writ order was complied with, rendering the contempt petition infructuous.
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Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 47 of 2024
Applicant :- Shiv Shankar Singh Opposite Party :- Shwetab Singh, Naib Tehsildar, Milkipur, Faizabad / Ayodhya Counsel for Applicant :- Onkar Nath Tiwari Counsel for Opposite Party :- Prabhakar Tiwari
Hon'ble Rajnish Kumar,J.
This Court by means of the order dated 10.11.2022 had directed for disposal of Mutation Case No.7374.2021(Shiv Shankar Singh & Others versus Raj Bahadur) under Section 34 of the UP Revenue Code 2006 preferably within a period of six months from the date an authenticated copy of the order is placed before the authority concerned.The mutation case was dismissed for want of prosecution on 03.09.2024.
This Court on 06.09.2024 had granted time to the applicant to file reply to the affidavit of compliance but no reply to affidavit of compliance has been filed. However, it was stated, as recorded in the order dated 03.10.2024, that application for recall has already been filed, which is to be decided.
Learned Standing Counsel submits that no application for recall has been filed by the applicant and he has filed short counter affidavit disclosing in paragraph 7 of the short counter affidavit dated 07.11.2024 that till the said date, no recall application has been filed before the Court for recall of the order dated 03.09.2024.
Learned counsel for the applicant submits that he had sought instructions from his client but no instructions have been provided to him.
In view of above, it appears that no application for recall has been filed. Even otherwise the order passed by the writ court has been complied with,therefore this application has rendered infructuous.
Dismissed accordingly.
Order Date :- 19.11.2024 Akanksha Sri.
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Shiv Shankar Singh
Shwetab Singh
Rajnish Kumar
As recorded by the court registry
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