Ajay Kumar and 3 Others v. Shri Ramesh Kumar, Sub Divisional Magistrate and Another

Allahabad HC19 Dec 2024CAPL/7814/2024

Case brief

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What is this about?

The court addressed a second contempt application for willful disobedience of a Writ Court order directing expeditious disposal of a revenue demarcation case. The court found a prima facie case for contempt and directed the registrar to issue notice to the opposite parties to be present with an affidavit detailing previous proceedings.

What the court decided

AI extract

Ajay Kumar and 3 Others vs Shri Ramesh Kumar, Sub… — Contempt of Court | Allahabad HC (2024)

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Court No. - 2

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 7814 of 2024

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Applicant :- Ajay Kumar And 3 Others Opposite Party :- Shri Ramesh Kumar, Sub Divisional Magistrate And Another

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Counsel for Applicant :- Suresh Chandra Dwivedi

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant.

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Learned counsel for the applicant submits that this is the second contempt application for willful disobedience of the writ Court's order dated 13.07.2022 passed in Writ C No. 18333 of 2022, in which the following order was passed:

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"Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.

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By means of this petition under Article 226 of the Constitution, the petitioners have prayed for following relief no. (i) as substantial relief:

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"(i) issue a writ, order or directing in the nature of mandamus commanding the respondent no. 3 to decide the Demarcation Application being No.07527 of 2018 (Computer No.T201805470107527 under Section 24 of the UP Revenue Code, 2006 (Ajay Kumar vs. Nagar Panchayat Ghughli & ors) within stipulated period."

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Learned Standing Counsel has no objection in case an appropriate direction is issued for expeditious disposal of the pending case in a time bound period strictly in accordance with law and by fully complying with the procedure prescribed for under the relevant Act and the Rules. In view of the above, writ petition is disposed of with a direction to the respondent no. 3 to consider and decide the petitioner's aforesaid case as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order. Needless to add that such authority shall afford reasonable opportunity of hearing to all the parties concerned and shall also pass a reasoned and speaking order.

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It is clarified that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which other pending proceedings, if any, have been expedited by this Court in the past."

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Learned counsel for the applicant submits that when the writ Court's order was not complied with within the time granted by this Court, the applicant was constrained to file Contempt

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Application (Civil) No. 6450 of 2023, which was disposed of vide order dated 11.09.2023 by granting one more opportunity of three months to the opposite parties to comply with the writ Court's order, but in spite of the opportunities having being granted to the opposite parties, neither the order of writ Court, nor the order of this Court has been complied with till date. Therefore, the opposite parties has wilfully not complied with the orders and, thus, liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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From the perusal of the records of the case, a prima facie case for contempt is made out against the opposite parties.

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Issue notice to the opposite parties returnable within period of one month.

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On the date fixed, the opposite parties shall remain personally present before this Court to show as to why the contempt proceedings may not be initiated against him along with an affidavit explaining therein as to how many contempt proceedings have been initiated against them so far for non-compliance of orders passed by the Court and their outcome.

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List on the date fixed in the notice.

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The Registrar (Compliance) of this Court is directed to communicate this order to the opposite parties within 24 hours from today.

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Order Date :- 19.12.2024 Pravesh Mishra

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Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad

Ajay Kumar and 3 Others v. Shri Ramesh Kumar, Sub Divisional Magistrate and Another

Case brief

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Ajay Kumar and 3 Others v. Shri Ramesh Kumar, Sub Divisional Magistrate and Another

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