Smt. Janak Dulari and 4 Others Vs Vishal Kumar, Sub-Divisional Officer Tarabganj Distt. Gonda — Allahabad HC (2025) — LawSathi Research

Smt. Janak Dulari and 4 Others Vs Vishal Kumar, Sub-Divisional Officer Tarabganj Distt. Gonda — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to implead Mr. Rajiv Mohan Saxena, Sub Divisional Officer, Tarabganj as respondent no.2; written instructions returned to Standing Counsel; case listed on 12.05.2025 as fresh; respondent no.2 to file affidavit of compliance by next date failing which he shall appear in person.

Issue for consideration

Whether the opposite party disobeyed the order dated 20.12.2024 passed by this Court in Writ-C No. 11069 of 2024, warranting that he be summoned and punished for contempt. +1 more

Court's answer

Respondent no.2 is directed to file an affidavit of compliance by the next date, failing which he shall appear in person before this Court.

Ratio / Principle

Learned counsel for the applicants is permitted to implead Mr. Rajiv Mohan Saxena, Sub Divisional Officer, Tarabganj, District- Gonda as respondent no.2, forthwith.

Detailed headnote1 paragraphs

Interim order in CONTEMPT APPLICATION (CIVIL) No. 621 of 2025 (Allahabad High Court, Lucknow Bench, Rajeev Singh, J., order dated 18.4.2025): applicants allege disobedience of the order dated 20.12.2024 passed in Writ-C No. 11069 of 2024 and non-filing of any affidavit of compliance despite notice. The Standing Counsel reported that the respondent officer (Vishal Kumar, SDO Tarabganj, Gonda) stands transferred and Mr. Rajiv Mohan Saxena now holds the post; per his written instructions dated 09.04.2025, the SDO's order dated 10.07.2021 u/s 176 U.P.Z.A. and L.R. Act, 1950 was set aside in Revision No. 1322 of 2022 by the Additional Commissioner, Devi Patan Mandal, Gonda on 31.07.2023 with remand, and that remand order is stayed in Revision No. 3712 of 2023 pending before the Board of Revenue, hence non-execution. The Court permitted impleadment of Mr. Rajiv Mohan Saxena as respondent no.2, returned the written instructions, listed the matter fresh on 12.05.2025, and directed respondent no.2 to file an affidavit of compliance by the next date failing which he shall appear in person. The contempt allegation was not finally adjudicated.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 621 of 2025

Applicant :- Smt. Janak Dulari And 4 Others Opposite Party :- Vishal Kumar, Sub-Divisional Officer Tarabganj Distt. Gonda Counsel for Applicant :- Mohammad Ehtesham Khan

Hon'ble Rajeev Singh,J.

1. Heard.

The instant contempt application has been filed by the applicants alleging disobedience of the order dated 20.12.2024 passed by this Court in Writ-C No. 11069 of 2024.

Learned counsel for the applicants submits that despite service of notice on the respondent, affidavit of compliance has not been filed till today, hence, the respondent may be summoned and punished accordingly.

Sri Ram Swaroop, learned Standing Counsel appearing for the respondent has informed that the respondent-officer has already been transferred and presently, Mr. Rajiv Mohan Saxena is working as Sub Divisional Officer, Tarabganj, District- Gonda.

Sri Ram Swaroop has placed written instructions dated 09.04.2025 duly signed by Mr. Rajiv Mohan Saxena and has submitted that the order dated 10.07.2021 passed by the then Sub Divisional Officer u/s 176 U.P.Z.A. and L.R. Act, 1950 was challenged in Revision No. 1322 of 2022, which was allowed vide order dated 31.07.2023 passed by Additional Commissioner, Devi Patan Mandal, Gonda and the matter was remanded back to Sub Divisional Officer for fresh decision. The aforesaid order dated 31.07.2023 is under challenge before Board of Revenue in Revision No. 3712 of 2023, in which, stay order was passed, therefore, the order in question could not be executed.

Learned counsel for the applicants further submits that the officials have not registered the execution case despite clear directions of this Court as it is open to the officers to pass appropriate order in the execution case after registering the same.

Learned counsel for the applicants prays for and is permitted

to implead Mr. Rajiv Mohan Saxena, Sub Divisional Officer, Tarabganj, District- Gonda as respondent no.2, forthwith.

The written instructions dated 09.04.2025 duly signed by Mr. Rajiv Mohan Saxena placed before this Court by Sri Ram Swaroop Saxena, learned Standing Counsel is returned to him.

List this case on 12.05.2025 as fresh.

By the next date, respondent no.2 is directed to file affidavit of compliance, failing which, he shall appear in person before this Court.

Order Date :- 18.4.2025 Arpan

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