Dismissed

Sabar Ali and Others v. Sanjay Kumar Rai, Sub Divisional Officer, Shravasti and Another

Allahabad HC19 Sept 2024CAPL/3695/2024

Case brief

AI extract

What is this about?

In a contempt application alleging defiance of a writ order directing competent authorities to decide a representation, the court found no case for contempt as the representation had been decided. The application was dismissed.

What did the court decide?

The contempt application was dismissed finding no case of contempt as the underlying representation had been decided.

Sabar Ali and Others vs Sanjay Kumar Rai, Sub Divisional… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64827

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3695 of 2024

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Applicant :- Sabar Ali And Others Opposite Party :- Sanjay Kumar Rai, Sub Divisional Officer, Shravasti And Another Counsel for Applicant :- Dinesh Chandra Tewari

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Hon'ble Rajeev Singh,J.

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1. Heard.

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The instant contempt application has been filed by the applicants alleging disobedience of the order dated 26.06.2024 passed in Writ-C No. 5542 of 2024.

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Learned counsel for the applicants submits that property in question was declared as surplus in the ceiling proceeding and lease for part of the land was allotted to the applicants 20 years ago. He further submits that order of concerned authority was challenged before this Court in Writ-C No. 3000096 of 2002 which is still pending. He next submits that as decision was not being given to the applicants/lease holders, representation was made to competent authority, but the same was also not being decided. Thereafter, Writ-C No. 5542 of 2024 was filed, which was disposed of on 26.06.2024 with direction to competent authority to decide the representation of the applicants within stipulated period. He also submits that the representation of the applicants is decided in the most mechanical manner by stating that Writ-C No. 3000096 of 2002 is still pending, therefore, it is not feasible to hand over the possession of the property in question to the applicants.

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Learned counsel for the applicants admits the fact that till today the original tenure holder is in possession over the property in question which has already been declared as surplus under the provisions of ceiling.

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Considering the contents of the order of the writ Court as well as decision of Mr. Sanjay Kumar Rai, Sub Divisional Officer, Tehsil- Jamunaha, District- Shravasti dated 05.08.2024, by which, representation of the applicants has already been decided, this Court is of the view that no contempt is made out.

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Thus, the contempt application is dismissed .

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However, it is open to the applicants to pursue the aforesaid Writ-C No. 3000096 of 2002.

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Order Date :- 19.9.2024 Arpan

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

Sabar Ali and Others v. Sanjay Kumar Rai, Sub Divisional Officer, Shravasti and Another

Case brief

What is this about?

What did the court decide?

Sabar Ali and Others v. Sanjay Kumar Rai, Sub Divisional Officer, Shravasti and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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