Dismissed

Shivji v. Arun Kumar Giri, Divisional Magistrate, Tehsil Gyanpur District Bhadohi.

Allahabad HC6 Feb 2025CAPL/520/2025

Case brief

AI extract

What is this about?

Contempt application alleging the Deputy District Magistrate disobeyed a writ-court directive by dismissing a Section 116 Uttar Pradesh Revenue Code case as not pressed without deciding an application on violation of an interim status-quo order. The court held he became functus officio and there was no willful disobedience; application dismissed.

What the court decided

AI extract

Shivji vs Arun Kumar Giri, Divisional Magistrate, Tehsil… — Contempt of Court | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16947

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Court No. - 1

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 520 of 2025

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Applicant :- Shivji Opposite Party :- Arun Kumar Giri, Divisional Magistrate, Tehsil Gyanpur District Bhadohi.

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Counsel for Applicant :- Vinay Kumar Tiwari

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the applicant.

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The present contempt application has been filed pleading willful disobedience of the order dated 27.4.2024 passed by this Court in Writ - C No. 12779 of 2024 whereby this Court had directed the Sub-Divisional Magistrate to decide Case No. 4329 of 2021 registered under Section 116 of the Uttar Pradesh Revenue Code, 2006. The case was ultimately dismissed as not pressed by order dated 12.11.2024 passed by the Deputy District Magistrate, Gyanpur.

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It appears that in the aforesaid case, the applicant had filed an application pleading that the opposite party, i.e., the plaintiff had violated the interim order passed by the Tribunal whereby the Deputy District Magistrate had directed the parties to maintain status-quo in regard to the suit property. The applicant had filed an application bringing the aforesaid fact to the notice of the Deputy District Magistrate. While dismissing as not pressed, the suit under Section 116 of the Uttar Pradesh Revenue Code, 2006, the Deputy District Magistrate also noted that the applicant may institute suitable proceedings against the opposite party for having violated the interim order. The applicant has filed the present contempt application pleading that the Deputy District Magistrate has violated the order dated 27.4.2024 because he has not decided the application filed by the present applicant, therefore, the Deputy District Magistrate is liable to be prosecuted in contempt.

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After the order dated 12.11.2024, the Deputy District Magistrate, Gyanpur became functus officio and cannot decide any application pending in the case. Any error or illegality in the order dated 12.11.2024 dismissing as not pressed the case registered under Section 116 of the Uttar Pradesh Revenue Code, 2006 can be challenged by the applicant in appropriate proceedings. The application filed by the applicant bringing to the notice of the

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Deputy District Magistrate the fact that the interim order had been violated by the opposite party was registered in the same case, i.e., the case registered under Section 116 of the Uttar Pradesh Revenue Code, 2006 and was not registered as a separate case.

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In any view, there is no willful disobedience by the opposite party of any order passed by any Court.

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The application is dismissed .

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Order Date :- 6.2.2025 Satyam

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Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad

Shivji v. Arun Kumar Giri, Divisional Magistrate, Tehsil Gyanpur District Bhadohi.

Case brief

What is this about?

What the court decided

Shivji v. Arun Kumar Giri, Divisional Magistrate, Tehsil Gyanpur District Bhadohi.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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