Dismissed

Adarsh Pratap Singh v. Vineet Jaiswal, Superintendent of Police, Dist. Gonda and Another

Allahabad HC11 Mar 2024CAPL/1061/2024

Case brief

AI extract

What is this about?

Contempt application dismissed as the Sub-Divisional Magistrate had issued instructions to maintain law and order, effectively ensuring compliance with the prior writ order. Applicant allowed to move under CPC Order XXXIX Rule 2A if violation persists.

What did the court decide?

No contempt proceedings initiated; applicant advised to apply under Order XXXIX Rule 2A within 10 days if violation continues.

Adarsh Pratap Singh vs Vineet Jaiswal, Superintendent of… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:51030

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1061 of 2024 Applicant :- Adarsh Pratap Singh Opposite Party :- Vineet Jaiswal, Superintendent Of Police, Dist. Gonda And Another Counsel for Applicant :- Ashish Kumar Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant as well as Shri Sunil Bajpai, learned Additional Chief Standing Counsel appearing for the respondents.

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The present application has been filed with the prayer to summon and prosecute the respondents for deliberately and willfully disobeying the order dated 25.01.204 passed by the Writ Court in Writ-C No.620/2024; Adarsh Pratap Singh Vs. State of U.P. and Ors.

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Learned counsel for the applicant has submitted that there was a civil dispute, as a result, regular suit no.1070 of 2022 was filed by the grand father of the applicant before the Civil Judge, Junior Division, Gonda and interim stay was granted on 05.05.2022, thereafter, notices were issued to respondents of the aforesaid suit, namely, Smt. Kusumlata Singh, Shri Omkar Vaishya, Smt. Premkumari, Smt. Pushpa Devi and Sri Shivgopal. In the meantime, with the assistance of police authorities, respondents of aforesaid suit started raising construction over the property in dispute, therefore, objection was raised but the police authorities were continuously assisting the respondents of the aforesaid suit. Feeling aggrieved, Writ C- No.620/2024 was preferred by the applicant and the said writ petition was disposed of on 25.01.2024 with the direction to the Police Administrative Authority to ensure the compliance of the order of Civil Court.

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Shri Sunil Bajpai, learned Additional Chief Standing Counsel has placed written instructions dated 13.04.2024 duly signed by respondent no.2- Shri Vishal Kumar, Sub-Divisional Magistrate, Colonelganj, Gonda which is taken on record. He has submitted that necessary directions have already been issued to the Naib Tehsildar, Colonelganj, Gonda and S.H.O., Paraspur, Gonda for maintaining law and order at the spot, therefore, the present contempt application may be dismissed.

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Considering the submission of learned counsel for the parties, going through the contents of contempt application, written instructions dated 13.04.2024 as well as other relevant documents, it is evident that the appropriate action has already been taken by the respondent no.2, therefore, I am of the view that no contempt is made out against the respondents.

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In view of the above, present contempt application is hereby dismissed.

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However, it is open to the applicant to move application under Order XXXIX, Rule (2)A of C.P.C. before the Competent Authority within a period of 10 days. In case, any application is filed, then the same shall be considered and decided, expeditiously, in accordance with law.

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Order Date :- 26.7.2024

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V. Sinha

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

Adarsh Pratap Singh v. Vineet Jaiswal, Superintendent of Police, Dist. Gonda and Another

Case brief

What is this about?

What did the court decide?

Adarsh Pratap Singh v. Vineet Jaiswal, Superintendent of Police, Dist. Gonda and Another

Case brief

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