Contempt application alleging willful disobedience of a writ order was dismissed; the transferred SDM explained non-compliance was due to the Land Management Committee's failure to pass an amended resolution under Section 64 of the UP Revenue Code, and the applicant did not appear.
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Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1041 of 2025
Applicant :- Smt. Geeta
Opposite Party :- Gulab Chandra Sub Divisional Magistrate, Tehsil-Faridpur Counsel for Applicant :- Gaurav Sisodia
Hon'ble Salil Kumar Rai,J.
List has been revised.
No one appears for the applicant.
The present contempt application has been filed pleading willful disobedience of the order dated 13.12.2024 passed by this Court in Writ-C No. 40612 of 2024.
In pursuance to the previous order passed by this Court the opposite party is personally present in the Court and has filed his affidavit disclosing that he is no more posted as SubDivisional Magistrate, Tehsil-Faridpur, District-Bareilly and has been transferred to Tehsil-Meerganj, District-Bareilly. However, in the affidavit the Sub-Divisional Magistrate has explained the reasons for not having decided the representation of the applicant. It has been stated that the claim of the applicant could not be decided because of the failure of the Land Management Committee to pass any amended resolution in light of Section 64 of the Uttar Pradesh Revenue Code, 2006.
In view of the aforesaid, no willful disobedience of any order passed by this Court can be imputed to the opposite party. Further, as the counsel for the applicant is not present even in the revised call, it appears that the applicant has lost interest in prosecuting the present contempt application.
The contempt application is dismissed.
Notices are discharged.
Let the file be consigned to record.
Order Date :- 3.4.2025 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite party willfully disobeyed the order dated 13.12.2024 passed in Writ-C No. 40612 of 2024.
1 provisions across 1 enactments
Smt. Geeta
Gulab Chandra, Sub Divisional Magistrate, Tehsil-Faridpur
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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