Chhathi Ram Verma v. Mr. Avneesh Tripathi, Sub Divisional Magistrate Tehsil Gonda District Gonda and Another
Case brief
What is this about?
Section 20 Contempt of Courts Act 1971 one-year limitation bar; contempt application filed more than nine months after expiry of one-year period; condonation of delay not permissible (Section 5 of the Act 1963 inapplicable per Islammudin vs. Umesh Chandra Tiwari and Anr., 2009 (5) ADJ 656 (DB), discussing Pallav Sheth vs. Costodian and Ors., (2001) 7 SCC 549); alleged non-compliance of order dated 14.12.2022 in PIL No. 858 of 2022 directing eviction proceedings under Section 67 of the U.P. Revenue Code, 2006 within three months; applicant Chhathi Ram Verma; opposite party SDM Tehsil Gonda, District Gonda; contempt application dismissed; High Court of Judicature at Allahabad, Lucknow Bench; Manish Kumar, J.; order dated 27.1.2025; Neutral Citation 2025:AHC-LKO:5040.
What did the court decide?
The contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as it was filed on 21.01.2025, more than nine months after expiry of the one-year period on 20.04.2024; the application is therefore dismissed. Delay in initiating contempt cannot be condoned, Section 5 of the Act 1963 (per Islammudin vs. Umesh Chandra Tiwari, 2009 (5) ADJ 656 (DB)) not conferring power to condone or waive delay beyond one year.