Disposed

Harish Chandra Tiwari v. Shri Shatrughan Pathak

Allahabad HC22 Aug 2024CAPL/5464/2024

Case brief

AI extract

What is this about?

Civil contempt application alleging willful disobedience of a prior court order was disposed of on findings that there was no willful disobedience as the matter was pending due to substitution applications. The court directed the Deputy District Magistrate to decide the underlying case within six months, specifically prohibiting adjournments on account of bar strikes.

What did the court decide?

Direction to Deputy District Magistrate, Basti to decide the case within 6 months without adjourning for bar strikes.

Harish Chandra Tiwari vs Shri Shatrughan Pathak — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:142108

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Court No. - 1

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 5464 of 2024

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Applicant :- Harish Chandra Tiwari Opposite Party :- Shri Shatrughan Pathak Counsel for Applicant :- Pankaj Dwivedi

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the applicant.

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The present contempt application has been filed pleading willful disobedience of the order dated 17.5.2023 passed by this Court in Writ - C No. 16614 of 2023.

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In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions in the matter and has handed over a copy of the same to the Court which is taken on record.

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On the basis of his instructions, the Standing Counsel states that the decision in the case registered under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 has been held up because substitution applications have been filed by the heirs of the parties. It has been stated in the instructions that the hearing on the substitution applications is fixed on 9th September, 2024.

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In view of the aforesaid, there is no willful disobedience of the order passed by the Writ Court.

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It would serve no purpose to keep the present application pending.

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The application is disposed of with a direction to the Deputy District Magistrate, Sadar, District Basti to ensure that the case registered under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 which was the subject matter of the order dated 17.5.2023 in Writ - C No. 16614 of 2023 is decided expeditiously and in any case, within a period of six months from today.

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It is clarified that the Deputy District Magistrate, Sadar, District Basti shall not adjourn the case on ground of strike by the members of the Bar and appropriate orders shall be passed on the date fixed in the cases even after the counsel for the parties do not

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appear because of any strike by the members of the Bar.

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The application is disposed of .

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A copy of this order shall be sent to the Deputy District Magistrate, Sadar, District Basti by the Registrar (Compliance) within 24 hours for necessary compliance.

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Order Date :- 3.9.2024 Satyam

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Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad

Harish Chandra Tiwari v. Shri Shatrughan Pathak

Case brief

What is this about?

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Harish Chandra Tiwari v. Shri Shatrughan Pathak

Case brief

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