Dismissed¶9

Ram Samujh v. Shree Pal and Ors.

Allahabad HC16 Apr 2024CAPL/1228/2016

Case brief

AI extract

What is this about?

Contempt - discharge of contempt notice - exemption from personal appearance - Halka Lekhpal - report of death to Revenue Inspector - mutation of names in revenue record - alienation of property - unconditional apology - cancellation of sale deed (Regular Suit No.1213 of 2016, order dated 17.11.2018) - no contempt made out - contempt petition dismissed - deposit of Rs.20,000/- in Oudh Bar Association library for books for junior advocates - presence of officer discharged - Barabanki - Allahabad High Court, Lucknow Bench - Neutral Citation 2024:AHC-LKO:30161.

What did the court decide?

Contempt petition dismissed; presence of respondent no.9 discharged; respondent no.9 directed to deposit Rs.20,000/- in the library of the Oudh Bar Association, Lucknow, for purchasing books for junior advocates. ¶9

Ram Samujh Vs Shree Pal and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether any contempt is made out against the respondents in the contempt application, in view of respondent no.9's affidavit, unconditional apology and the cancellation of the sale deed. +1 more

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Court's answer

At that stage, no contempt is made out against the respondents, and accordingly the contempt petition is dismissed.

¶9

Ratio / Principle

Respondent no.9, having failed due to oversight to inform the Revenue Inspector of the Writ Court's order, is directed to deposit Rs.20,000/- in the library of the Oudh Bar Association, Lucknow, to be used for purchasing books for distribution among junior advocates.

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Key takeaways

The presence of the Officer (respondent no.9) is discharged.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 8), Rajeev Singh, J.; Neutral Citation 2024:AHC-LKO:30161; Order dated 16.4.2024 in Contempt Application (Civil) No. 1228 of 2016 (Ram Samujh v. Shree Pal and Ors.). On the application of respondent no.9 (Shri Shiv Kumar, Halka Lekhpal, Village Sohilpur, Tehsil Nawabganj, District Barabanki) for discharge of the contempt notice and exemption from personal appearance, supported by an affidavit admitting that after the death of the father of respondent nos.1-3 he reported the death to the Revenue Inspector, upon which a formal order was passed, the names of respondent nos.1-3 were entered in the revenue record and they alienated the property; admitting no fault of the applicant and tendering unconditional apology for making the report without obtaining opinion from the learned State Counsel; and informing that the sale deed executed by respondent nos.1-3 had been cancelled by the Competent Court vide order dated 17.11.2018 in Regular Suit No.1213 of 2016 - a cancellation which learned counsel for the applicant did not dispute - the Court held that at that stage no contempt was made out and dismissed the contempt petition. However, noting that respondent no.9, due to oversight, had not informed the Revenue Inspector of the Writ Court's order, the Court directed him to deposit Rs.20,000/- in the library of the Oudh Bar Association, Lucknow, to be used for purchasing books for distribution among junior advocates, and discharged his presence.

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Neutral Citation No. - 2024:AHC-LKO:30161

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Court No. - 8

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1228 of 2016

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Applicant :- Ram Samujh Opposite Party :- Shree Pal And Ors. Counsel for Applicant :- Mahendra Kumar Dixit Counsel for Opposite Party :- Manju Nagaur,Anand Mani Tripathi,Jay Kumar Soni

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Hon'ble Rajeev Singh,J.

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Application for discharge of contempt notice and exemption from personal appearance filed by respondent no.9, namely, Shri Shiv Kumar, Halka Lekhpal, Village- Sohilpur, TehsilNawabganj, District- Barabanki is taken on record.

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In the affidavit, respondent no.9 admits that after the death of the father of respondent nos.1-3, a report was submitted about his death to Revenue Inspector, thereafter, a formal order was passed and name of respondent nos.1-3 were entered in the revenue record and they alienated the property. He further admits that there was no fault of the applicant and he tenders unconditional apology for submitting a report to the Revenue Inspector about the death of father of respondent nos.1-3 without obtaining opining from the learned State Counsel. He also informs that the sale deed executed by respondent nos.1-3 has been cancelled by the Competent Court vide order dated 17.11.2018 passed in Regular Suit No.1213 of 2016.

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Learned counsel for the applicant does not dispute this fact that the sale deed executed by the respondent nos.1-3 has been cancelled.

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Considering the above submissions, going through the contents of application, affidavit of respondent no.9 as well as other relevant documents, I am of the view that at this very stage, no contempt is made out against the respondents, therefore, contempt petition is hereby dismissed.

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However, respondent no.9 has submitted a report about the death of father of respondent nos.1-3 to the Revenue Inspector and due to over-site, he did not inform the Revenue Inspector about the order of Writ Court, therefore, respondent no.9 is directed to deposit Rs.20,000/- in the library of the Oudh Bar Association, Lucknow and the aforesaid amount shall be used in purchasing of the books for distributing among the juniors

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advocates.

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Presence of Officer is hereby discharged.

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Order Date :- 16.4.2024 V. Sinha

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

Ram Samujh v. Shree Pal and Ors.

Case brief

What is this about?

What did the court decide?

Ram Samujh v. Shree Pal and Ors.

Case brief

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What the court decided

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