Disposed¶¶14

Kaamraan Shah Kha v. State through Its Principal Secretary (Home) and 2 Others

Allahabad High Court (Syed Qamar Hasan Rizvi, J.) – interim order in WRIT

Allahabad HC19 Aug 2025WRIC/19458/2025

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What is this about?

mandamus; compliance with Division Bench order dated 04.06.2012 in Civil Misc. Writ Petition No. 29274 of 2012; demarcation proceedings; Sub Divisional Officer order dated 25.10.2004; Collector, Rampur; Contempt Application (Civil) No. 3736 of 2013; non-compliance by authorities; WRIT - C No. 19458 of 2025; High Court of Judicature at Allahabad; Syed Qamar Hasan Rizvi, J.; time to seek instructions; listed fresh on 20.08.2025.

What did the court decide?

Interim only: supplementary affidavit dated 27.07.2025 taken on record; State-respondents granted three weeks' time to seek instructions; case to be put up as fresh on 20.08.2025. No final determination made. ¶¶14

Kaamraan Shah Kha Vs State through Its Principal Secretary (Home) and 2 Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 35

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Case :- WRIT - C No. - 19458 of 2025

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Petitioner :- Kaamraan Shah Kha

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Respondent :- State Through Its Principal Secretary (Home) And 2 Others

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Counsel for Petitioner :- Priyanshu Dwivedi,Shashi Bhushan Rai Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Supplementary affidavit dated 27.07.2025 filed by the petitioner by the petitioner, is taken on record.

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Heard Sri Shashi Bhushan Rai, learned counsel for the petitioner and Sri Dhananjay Singh, learned Standing Counsel for the Staterespondents.

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By means of the present writ petition, the petitioner has prayed for a writ in the nature of mandamus directing the respondent nos.2 & 3 to take action in compliance of the order dated 04.06.2012 passed in Civil Misc. Writ Petition No. 29274 of 2012.

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Submission of the learned counsel for the petitioner is that despite a clear order dated 04.06.2012 passed by the Division Bench of this Court, the authorities did not paid any heed to the prayer made by the petitioner. He further submits that having no other option but to file a contempt petition against the erring officers, the petitioner filed the contempt petition which was registered as Contempt Application (Civil) No. 3736 of 2013, wherein the following order was passed:

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"Considering the facts, this application stands disposed of with the direction to the Collector, Rampur, who on receipt of a certified copy of this order shall ensure that the proceedings for demarcation in execution of the order dated 25.10.2004 passed by Sub Divisional Officer are carried out to a logical end, as directed by writ Court vide order dated 04.06.2012 within two months from

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the date of production of a certified copy of this order, failing which, he may be liable to be summoned and prosecuted after framing of charges."

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Learned counsel for the petitioner has very categorically submitted that till date the order dated 25.10.2004 passed by the Sub Divisional Officer has not been complied.

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Learned Standing Counsel appearing on behalf of the Staterespondents prays for and is allowed three weeks' time to seek instructions in the matter.

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Put up this case as fresh on 20.08.2025.

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Order Date :- 28.7.2025 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad

Kaamraan Shah Kha v. State through Its Principal Secretary (Home) and 2 Others

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Kaamraan Shah Kha v. State through Its Principal Secretary (Home) and 2 Others

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