In a contempt application, the court dismissed the plea because it was too early to take cognizance of alleged non-compliance with a prior order, noting no evidence of willful disobedience was provided.
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Neutral Citation No. - 2024:AHC:115910
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4627 of 2024
Applicant :- Rekha Devi Opposite Party :- Sri Pawan Kumar Singh, Presently Posted As Upziladhikari Sadar Counsel for Applicant :- Kailash Nath Singh
Hon'ble Salil Kumar Rai,J.
The present application has been filed pleading non compliance of the order dated 11.10.2023 passed by this Court in Civil Misc.Writ Petition No.33969 of 2023 whereby this Court had directed the Deputy District Magistrate, Sadar, District Jaunpur to decide the application filed by the applicant under Section 67(A) of the U.P.Revenue Code, 2006 within three months from the date a certified copy of the order was served on the opposite party.
It appears that the case was not decided within the period prescribed in the order dated 11.10.2023. The applicant filed Contempt Application (Civil) No.1464 of 2024 wherein this Court by its order dated 1.4.2024 granted the opposite party three months further time to comply with the order of the Court. It appears from the records annexed with the affidavit that the order dated 1.4.2024 was served on the opposite party on 9.4.2024.
The time prescribed in the Contempt Application (Civil) No.1464 of 2024 expired on 9.7.2024. No details of the proceedings have been given in the affidavit filed in support of the application to indicate that there has been any willful disobedience by the opposite party of the orders passed by this Court. Further, it is too early to take cognizance in contempt proceedings against the opposite party.
The application is dismissed.
Order Date :- 22.7.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
Rekha Devi
Salil Kumar Rai
As recorded by the court registry
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