Dismissed

Achal Singh and Another v. Sri S.K. Singh, Deputy Director of Consolidation and 2 Others

Allahabad HC18 Jul 2024CAPL/4602/2024

Case brief

AI extract

What is this about?

Civil contempt application filed against respondents for allegedly disobeying an interim order staying consolidation proceedings. The court dismissed the application, holding that the applicants had approached consolidation courts for merits and the order was time-barred under Section 20 of the Contempt of Courts Act, 1971.

What the court decided

AI extract

Achal Singh and Another vs Sri S.K. Singh, Deputy… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114188

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Court No. - 1

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4602 of 2024

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Applicant :- Achal Singh And Another Opposite Party :- Sri S.K. Singh, Deputy Director Of Consolidation And 2 Others

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Counsel for Applicant :- Vikas Srivastava

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Hon'ble Salil Kumar Rai,J.

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The present application has been filed pleading contempt of this Court by the opposite parties by willfully disobeying the order dated 26.3.2010 passed by this Court in Writ-B No. 19684 of 2008.

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Through the order dated 26.3.2010 this Court had stayed further consolidation proceedings in pursuance to the notification issued under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953').

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It has been stated in the affidavit filed in support of the contempt application that despite the aforesaid interim order passed by this Court the Consolidation Officer passed an order dated 23.5.2011 in proceedings registered under Section 9-A(2) of the Act, 1953 which violates the interim order passed by this Court.

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It appears from the documents annexed with the records that against the order dated 23.5.2011 passed by the Consolidation Officer the applicants had filed an appeal before the Settlement Officer of Consolidation, which was dismissed vide order dated 16.1.2024 because the said appeal was highly belated. A revision has been filed by the applicants against the order passed in appeal. It has been stated that the revision is still pending.

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A perusal of the memorandum of revision filed by the applicants show that in the aforesaid revision, the applicants prayed that the dispute raised under Section 9-A(2) of the Act, 1953 be decided on merits and on the basis of family settlement entered into between the parties.

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It is apparent that the applicants themselves have approached the concerned consolidation courts for decision on merits. It is also apparent that no contempt has been committed either by the Settlement Officer of Consolidation or the Deputy Director of Consolidation, i.e., the opposite party Nos. 1 and 2 because the revision has not yet been

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decided and the appeal was filed by the applicants themselves.

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So far as contempt committed by the Consolidation Officer because of his order dated 25.3.2011 is concerned, no proceedings for contempt against the Consolidation Officer for his order dated 25.3.2011 can be instituted now because of the limitation prescribed in Section 20 of the Contempt of Courts Act, 1971. It is also to be noted that there is nothing on record to show that the opposite parties have notice of the order passed by the writ Court.

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In view of the aforesaid reasons, the contempt application is dismissed.

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Order Date :- 18.7.2024 Anurag/-

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Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad

Achal Singh and Another v. Sri S.K. Singh, Deputy Director of Consolidation and 2 Others

Case brief

What is this about?

What the court decided

Achal Singh and Another v. Sri S.K. Singh, Deputy Director of Consolidation and 2 Others

Case brief

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