A contempt application alleging that revenue authorities were proceeding with a demarcation application in violation of a 2005 writ court stay order was dismissed; no demarcation or possession transfer had occurred, so no disobedience was made out.
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Neutral Citation No. - 2024:AHC:136381
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5487 of 2024
Applicant :- Shiv Kumar Yadav Opposite Party :- Sri Satveer Singh, Sub Divisional Officer And Another Counsel for Applicant :- Ajeet Kumar Shukla,Sarvesh Kant Shukla
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present application has been filed pleading disobedience of the order dated 8.9.2005 passed by this Court in Civil Misc. Writ Petition No. 59095 of 2005.
It has been stated that through order dated 8.9.2005, the orders passed regarding demarcation of the plot had been stayed but the opposite party no. 2 has filed an application under Section 24 of the Uttar Pradesh Revenue Code, 2006 and the authorities are proceeding on the aforesaid application for demarcation of the plot in violation of the order dated 8.9.2005.
On the plea of the applicant, no disobedience of the order passed by the Writ Court has yet been committed by any revenue officer in as much as no demarcation has yet been done and no possession has been transferred in violation of the order dated 8.9.2005.
The applicant may approach the concerned revenue officer in proceedings registered under Section 24 itself and file an application bringing the order of this Court to the notice of the revenue authorities.
No ground to proceed under the Contempt of Courts Act, 1971 is made out.
The application is dismissed .
Order Date :- 27.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the revenue authorities' proceedings under Section 24 of the U.P. Revenue Code amounted to disobedience of the writ court's stay order dated 8.9.2005.
2 provisions across 2 enactments
Shiv Kumar Yadav
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
