This civil contempt application alleged willful disobedience by a Tehsildar regarding an order to decide a restoration application. The single judge dismissed the application, holding that the delay was attributable to general date fixes and a bar association strike, negating willful disobedience.
The contempt application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:124497
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5007 of 2024
Applicant :- Ramchandra Prasad Opposite Party :- Arun Kumar Tehsildar And Another Counsel for Applicant :- Kamlesh Kumar Kanojiya
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading willful disobedience by the opposite parties of the order dated 12.2.2024 passed by this Court in Public Interest Litigation (PIL) No. 255 of 2024.
Through order dated 12.2.2024, this Court had directed the Tehsildar, Tehsil Baraj, District Deoria to decide the restoration application of the applicant in Case No. 00857 of 2021 (Computerized Case No.T202105200400857).
It is apparent from the order-sheet that from 22.2.2024 to 30.4.2024, general dates were fixed in the case. From 21.5.2024 to 26.6.2024, three dates were fixed in the case and on the said date, the members of the Bar were on strike, therefore, the case could not be heard.
In view of the aforesaid, no contempt can be attributed to the opposite party no. 1, at this stage.
The application is dismissed .
Order Date :- 2.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether willful disobedience of the court order dated 12.2.2024 can be attributed to the opposite party given the timeframe of fixed dates and bar association strike.
Whether the contempt application should be allowed in light of the stated reasons for non-hearing of the case.
Ramchandra Prasad
Arun Kumar Tehsildar
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
