Dismissed¶11

Smt. Amina v. Sri. Chandra Prakash Gautam, Sub Divisional Magistrate Raebareli and 2 Others

Allahabad HC30 Apr 2025CAPL/1293/2025

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench; contempt application (civil) dismissed; alleged disobedience of order dated 20.03.2025 in Matters under Article 227 No. 1342 of 2025; suit for cancellation of hibbanama; status quo stay order of trial Court (30.11.2024) modified; restraint on creating third party rights over property; crop belonging to respondent no.3; ploughing of property on 14.04.2025; no contempt made out; liberty to pursue pending suit; Rajeev Singh, J.; order date 30.4.2025; neutral citation 2025:AHC-LKO:24692.

What did the court decide?

No relief; however, liberty preserved to the applicant to pursue the suit pending before the Court concerned. ¶11

Smt. Amina Vs Sri. Chandra Prakash Gautam, Sub… — Writ and Judicial Review | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:24692

¶2

Court No. - 17

¶3

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1293 of 2025

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Applicant :- Smt. Amina Opposite Party :- Sri. Chandra Prakash Gautam, Sub Divisional Magistrate Raebareli And 2 Others Counsel for Applicant :- Firoz Ahmad Khan

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant.

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The instant contempt application has been filed by the applicant alleging disobedience of the order dated 20.03.2025 passed by this Court in Matters under Article 227 No. 1342 of 2025.

¶8

Learned counsel for the applicant submits that a suit for cancellation of ' hibbanama ' was filed by the applicant, in which, stay order was passed for maintaining status quo, and the said stay order was challenged before this Court in a petition under Article 227 No. 1342 of 2025; the said petition was disposed of vide order dated 20.03.2025 after hearing the parties and the order dated 30.11.2024 passed by learned trial Court was modified to the extent that the parties shall not create any third party right over the property in question till the disposal of the suit.

¶9

Learned counsel for the applicant admits that the crop standing over the property in question belongs to respondent no.3. He also submits that respondent no.3 forcefully started ploughing over the over the property in question on 14.04.2025 with the help of respondent nos.1 and 2, therefore, the respondents may be summoned and punished accordingly.

¶10

It is evident from the record that the stay order granted by the trial Court has been modified by this Court to the extent that the parties shall not create any third party right over the property in question. It is admitted by learned counsel for the applicant that the crop standing over the property in question belongs to respondent no.3.

¶11

With above observations, this Court is of the view that no contempt is made out. Therefore, the contempt application is dismissed .

¶12

However, it is open to the applicant to pursue the suit pending before the Court concerned.

¶13

Order Date :- 30.4.2025 Arpan

¶14

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Smt. Amina v. Sri. Chandra Prakash Gautam, Sub Divisional Magistrate Raebareli and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Amina v. Sri. Chandra Prakash Gautam, Sub Divisional Magistrate Raebareli and 2 Others

Case brief

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What did the court decide?

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