Smt. Basanti Singh vs Shri Indrajeet Singh, Municipal Commissioner, Muncipal Corporation Lucknow

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 554 of 2025

Applicant :- Smt. Basanti Singh Opposite Party :- Shri Indrajeet Singh, Municipal Commissioner, Muncipal Corporation Lucknow Counsel for Applicant :- Vineet Kumar Pandey,Pradeep Kumar Tiwari

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Hon'ble Rajeev Singh,J.

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1. Heard.

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Learned counsel for the applicant submits that Case No.T202010460203751 (Smt. Basanti Singh Vs. State of U.P. & Ors.) under Section 101 of U.P. Revenue Code, 2006 is pending since 2020. As the case was not being decided the Writ C No.11725 of 2023 was preferred by the applicant, which was disposed of on 29.1.2024 with a direction to the Municipal Commissioner, Municipal Corporation, Lucknow to ensure that full cooperation is given by the Municipal Corporation, Lucknow in the proceedings for exchange of land pending before S.D.M., Sadar Lucknow, in which, next date was fixed 8.2.2024. It was also directed that stand of Municipal Corporation, Lucknow shall be placed on affidavit alongwith all the documents before the S.D.M. concerned and matter shall be concluded in accordance with the law by a reasoned and speaking order after hearing all the parties concerned within a period of six weeks from the date a certified copy of the order is placed.

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Learned counsel for the applicant further submits that aforesaid order was communicated to the S.D.M., Sadar on 19.2.2024 but the case was not decided then reminder was also given on 30.3.2024.

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On 21.5.2025 and 27.5.2025, following orders were passed :-

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21.5.2025

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1. On 16.05.20205, following order was passed:

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"1. List this case on 21.05.2025.

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2. On the next date, Sub-Divisional Magistrate, Sadar, Lucknow is directed to ensure production of record of Case No.03751 of 2020 (Basanti Singh Vs. State of U.P. & Others), under Section 101 of U.P. Land Revenue Code, 2006. "

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2. Shri Amrendra Singh, learned Standing Counsel prays for some more time to ensure the compliance of earlier order.

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3. The prayer made is allowed.

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4. List this case on 27.05.2025 at 11:30 AM in terms of order dated 16.05.2025.

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27.5.2025

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1. In pursuance of the earlier order dated 16.05.2025, the relevant record is placed by Mr. Tirath Sen, Naib Tehsildar, Sadar, Lucknow, who is present before this Court.

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2. The order sheet of the record of the case in question reveals that the case was listed on several occasions, however, submission of the learned counsel for the applicant is that in the computer list, the case was listed on 10.01.2024 and the next date shown in the said list is 05.03.2025. It is also submitted by the learned counsel for the applicant that when he applied for the order sheet, he found that different dates are mentioned in the same.

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3. List this case on 30.05.2025.

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4. On the next date, the Officer, who is present today, shall again appear before this Court along with the record and also place the computer cause list, which is available on the website.

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Learned counsel for the applicant submits that when the aforesaid orders were passed then respondent no.2 prepared fabricated cause list and rejected the case for want of prosecution on 5.3.2025. He submits that cause list of Court of respondent no.2 dated 10.1.2025 is annexed with the supplementary affidavit at Page 16, in which, description of case is mentioned at Sr. No.1. He also annexed the cause list of 17.1.2025, 24.1.2025, 31.1.2025, 7.2.2025, 14.2.2025, 21.2.2025, 28.2.2025, 5.3.2025, which reveals that case was not find place in the cause list of the said dates.

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The Chairman, Board of Revenue, U.P. is directed to depute some officer not below the rank of Secretary for conducting an inquiry in relation to the allegations made by the applicant that case was not listed on aforesaid several dates including 5.3.2025 in the cause list, even then the order was passed, by which, the case was dismissed for want of prosecution and also file affidavit of compliance by the next date of listing.

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List this case on 13.8.2025.

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Senior Registrar of this Court is directed to communicate this order to the Chairman, Board of Revenue, Lucknow as well as District Magistrate, Lucknow for necessary compliance.

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Order Date :- 30.5.2025 GauraV/-

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

Smt. Basanti Singh v. Shri Indrajeet Singh, Municipal Commissioner, Muncipal Corporation Lucknow

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Smt. Basanti Singh v. Shri Indrajeet Singh, Municipal Commissioner, Muncipal Corporation Lucknow

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