A contempt application was dismissed because the delay in complying with a previous order to consider mutation cases was attributed to advocates' strike rather than wilful disobedience by the concerned Tehsildar.
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Neutral Citation No. - 2024:AHC:113203
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4571 of 2024
Applicant :- Shambhu Nath Gupta And 3 Others Opposite Party :- Ranjeet Kumar Singh, Naib Tehsildar Counsel for Applicant :- Sanjeev Kumar Rai
Hon'ble Salil Kumar Rai,J.
The present application has been filed pleading noncompliance of the order dated 19.9.2023 passed by this Court in Writ-C No. 28642 of 2023 whereby this Court had directed the opposite party, i.e., the concerned Tehsildar to consider the mutation cases registered under Section 34/35 of the Uttar Pradesh Revenue Code, 2006 within a period of six months.
A perusal of the order-sheet annexed with the affidavit filed in support of the application shows that from 23.10.2023 to 13.5.2024 the case could not be taken up because the Advocates were on strike on almost 90% of the dates fixed in the case.
In view of the aforesaid, there is no wilful disobedience by the opposite party to the order passed by this Court.
It is not a case to summon and prosecute the opposite party in proceedings under the Contempt of Courts Act, 1971.
The application is dismissed.
Order Date :- 16.7.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the delay in complying with the order arises from the opposite party's wilful disobedience or from an external cause like advocates' strike.
Whether the applicant is entitled to proceedings for contempt of court given the reasons for the delay.
1 provisions across 1 enactments
Shambhu Nath Gupta And 3 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
