Dismissed

Sri Krishan Singh and Others v. Rajesh Gupta and Another

Allahabad HC1 Oct 2024CAPL/2888/2024

Case brief

AI extract

What is this about?

Contempt application for alleged wilful defiance of a writ court eviction order passed on respondents' undertaking to vacate by 30.04.2024. Respondent sought recall of the contempt notice order and deferment; the court dismissed the application as abuse of legal provisions and the undertaking, took compliance reports on record, and continued the contempt proceedings.

What the court decided

AI extract

Sri Krishan Singh and Others vs Rajesh Gupta and Another — Landlord and Tenant | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2888 of 2024

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Applicant :- Sri Krishan Singh And Others Opposite Party :- Rajesh Gupta And Another Counsel for Applicant :- Rama Pati Shukla Counsel for Opposite Party :- Anurag Shukla,Santosh Kumar Tripathi

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Hon'ble Rajeev Singh,J.

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On 19.09.2024, following order was passed:-

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"1. On 26.07.2024 and 18.09.2024, following orders were passed:

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Order dated 26.07.2024

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"1. Heard learned counsel for the applicant.

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2. Learned counsel for the applicant submits that the order of this Court dated 14.3.2024 passed in Matters under Article 227 No. 925 of 2024 (Rajesh Gupta & Anr. Vs. Balram Singh & Ors.) has been willfully defied by the respondents.

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3. Let notices be issued to the opposite parties within a week to show cause as to why they should not be punished for wilful disobedience of the directions of this Court, returnable within two weeks failing which the charges may be framed after summoning the contemnors.

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4. Office is directed to send a copy of this order along with the notice.

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5. Learned counsel for the applicant is directed to provide copy of the contempt application to learned Addl. Chief Standing Counsel.

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6. List this case on 20.8.2024 as fresh. "

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Order dated 18.09.2024

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"Vakalatama filed by Sri Anurag Shukla and Santosh Kumar Tripathi, Advocates on behalf of the respondent nos.1 and 2, is taken on record.

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Put up tomorrow i.e. 19.09.2024 at 2.30 p.m.

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Registry is directed to show the names of Sri Anurag Shukla as well as Sri Santosh Kumar Tripathi in the cause list as counsel for respondents.

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Parties shall appear before this Court on the next date. "

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2. Short counter affidavit filed by Shri Anurag Shukla, learned counsel for respondent no.1 is taken on record.

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3. Respondent No.1, Shri Rajesh Gupta is present and he has admitted

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that order dated 14.03.2024 was passed by this Court in Petition under Article 227 No.925 of 2024 in re: Rajesh Gupta and Anr. Vs. Balram Singh and Ors. on his undertaking. He also states that he will vacate the premises in pursuance of order of Writ Court, therefore, some time may be granted.

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4. As learned counsel for the respondent tried to develop a case that the Contempt Court has no jurisdiction to enter into the dispute, therefore, short counter affidavit filed today is hereby rejected.

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5. Shri Anurag Shukla, learned counsel for the respondent no.1 requested for two weeks' time for making compliance of the order of Writ Court.

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6. The prayer made is allowed.

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7. Accordingly, list this case on 01.10.2024.

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8. On the next date, respondent no.1 shall again appear in person before this Court and also file affidavit of compliance stating the fact that he has vacated the premises.

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9. Commissioner of Police, Lucknow as well as District Magistrate, Lucknow is also directed to ensure the compliance of order dated 14.03.2024 passed by the Writ Court in Petition under Article 227 No.925 of 2024 (supra).

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10. Office is directed to communicate this order to the Commissioner of Police, Lucknow as well as District Magistrate, Lucknow for necessary compliance, forthwith."

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Application i.e. I.A./01/2024 dated 27.09.2024 on behalf of respondent nos.1 and 2 has been filed for recall of order dated 19.09.2024 and for deferment of contempt notice.

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Mr. Rajesh Gupta, respondent no.1 is present today before this Court. He submits that statement has already been given before this Court in petition i.e. Matters under Article 227 No. 925 of 2024 (Rajesh Gupta and another vs. Balram Singh and others) , in which, order of eviction passed by the trial Court was challenged and on the undertaking of the respondents given on the affidavit, the aforesaid petition was disposed of on 14.03.2024.

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Mr. Rajesh next submits that he is vacating the premises in question which will be fully vacated very soon.

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Considering all the submissions made before this Court and the order dated 14.03.2024 passed by this Court in Matters under Article 227 No. 925 of 2024 which was filed by the respondents, in which, eviction order was challenged and the said petition was disposed of in terms of the affidavit given by the respondents concerned for vacating the premises by 30.04.2024, this Court is of the view that the aforesaid

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application filed for recall of the order dated 19.09.2024 is clear abuse of legal provisions as well as undertaking given before this Court in the aforesaid petition, accordingly, the application i.e. I.A./01/2024 is hereby dismissed .

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Written instructions dated 30.09.2024 duly signed by Commissioner of Police, Lucknow and notice issued by Sub Divisional Officer, Sadar, Lucknow including other relevant documents placed before this Court by Sri Mohit Jauhari, learned Standing Counsel are taken on record.

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Sri Jauhari informs that concerned Sub Divisional Magistrate has already given a notice to the respondents for vacating the premises in question.

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6. List this case on 16.10.2024 at 11:30 A.M.

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By the next date of listing, fresh instructions to be signed by Commissioner of Police, Lucknow be placed before this Court.

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Order Date :- 1.10.2024 Arpan

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

Sri Krishan Singh and Others v. Rajesh Gupta and Another

Case brief

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What the court decided

Sri Krishan Singh and Others v. Rajesh Gupta and Another

Case brief

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