Adesh Kumar Singh Vs Diksha Joshi, Sub Divisional Magistrate, Shahabad, Hardoi — Allahabad HC (2025) — LawSathi Research

Adesh Kumar Singh Vs Diksha Joshi, Sub Divisional Magistrate, Shahabad, Hardoi — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether there has been non-compliance of the order dated 02.12.2024 passed in Writ C No.10276 of 2024 (Adesh Kumar Singh versus State of U.P. and others) constituting contempt justifying this contempt application.

Court's answer

The applicant's application of 18.12.2024 and subsequent reminder, referring to the order passed by this Court for the same relief, were contrary to the aforesaid writ order, as that order was directed at moving an application before the competent court.

Ratio / Principle

The contempt application is misconceived, as the applicant may move an appropriate application before the competent court.

Detailed headnote1 paragraphs

CONTEMPT APPLICATION (CIVIL) No. 482 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 4), Hon'ble Rajnish Kumar, J. — Order dated 24.2.2025: Dismissed as misconceived. Applicant Adesh Kumar Singh alleged non-compliance by opposite party Diksha Joshi, Sub Divisional Magistrate, Shahabad, Hardoi, of the order dated 02.12.2024 passed in Writ C No.10276 of 2024 (Adesh Kumar Singh versus State of U.P. and others). That writ petition had been disposed of on the ground of pendency of the suit under Section 116 of U.P. Revenue Code 2006, with the direction that for any incidental relief relating to the standing crop or otherwise the petitioner could make an application before the concerned court, to be decided expeditiously and without delay. Perusal of the applicant's application dated 18.12.2024 to the Sub Divisional Officer, Shahbad, Hardoi (followed by a reminder on 29.01.2025, with no decision taken and only a direction for enquiry) showed it related to an interim order dated 06.11.2024 in the applicant's suit for partition, i.e. preceding the writ order, and was contrary to the writ order which required an application before the competent court. The Court accordingly held the contempt application misconceived and dismissed it.

Neutral Citation No. - 2025:AHC-LKO:11447

Court No. - 4

Case :- CONTEMPT APPLICATION (CIVIL) No. - 482 of 2025

Applicant :- Adesh Kumar Singh Opposite Party :- Diksha Joshi, Sub Divisional Magistrate, Shahabad, Hardoi

Counsel for Applicant :- Avnish Kumar Tiwari

Hon'ble Rajnish Kumar,J.

Heard Sri Avnish Kumar Tiwari, learned counsel for the applicant.

This contempt application has been filed alleging non compliance of the order dated 02.12.2024 passed in Writ C No.10276 of 2024(Adesh Kumar Singh versus State of U.P. and others).

Submission of learned counsel for the applicant is that for compliance of the aforesaid order, the applicant has moved an application on 18.12.2024 and thereafter reminder on 29.01.2025 but till date no decision has been taken thereon and only a direction has been made for enquiry.

This Court while disposing of the writ petition on the ground of pendency of the suit under Section 116 of U.P. Revenue Code 2006 disposed of the petition with observation/direction that for any incidental relief relating to the standing crop or otherwise, it is open to the petitioner to make an application before the concerned court and if any such application is filed by the petitioner before the competent court, it shall be decided expeditiously and without any delay.

Perusal of the application dated 18.12.2024 given to the Sub Divisional Officer, Shahbad, Hardoi, it is apparent that the applicant has filed some suit for partition in which an interim order has been passed on 06.11.2024 i.e. before passing of the order dated 02.12.2024 by this Court, which may not have been complied with therefore the said application has been moved. The reminder has also been given for compliance of the said order and referring the order passed by this Court for the same relief, contrary to the aforesaid order passed

by this Court as the said order is for moving application before the competent court.

In view of above, this contempt application is mis conceived as the applicant may move appropriate application before the competent court.

With the aforesaid, the application is dismissed.

Order Date :- 24.2.2025 Akanksha Sri/-

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