Smt. Nandini Sadashiv Dubey and Another vs Shri Vijay Ranjan Srivastava Naib Tehsildar Sumerpur Unnao

Present contempt application has been preferred against the alleged non compliance of the judgment and order dated 20.03.2017 passed in Writ Petition No. 4953 (M/B) of 2017. The relevant part of the said judgment and order is being reproduced hereinbelow:-

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"A perusal of the aforesaid facts would, therefore, reveal that the certificate captioned as a succession certificate is not a declaration of succession and is also not applicable other than for government securities or promissory notes to the extent of Rs.5,000/only. The impugned certificate also mentions it. It is only a procedure relatable to the provisions of the Public Debt Act, 1944 as applied for securing release of government securities or promissory notes under para - 63 of the Security Manual. There is no power conferred to make a declaration of succession on the District Magistrate in the said provisions. The petitioners if are seeking succession it is open to them to approach the appropriate Court or forum for such declaration and the certificate dated 26.07.2012 will not amount to a declaration so as to impede their claim before the appropriate forum.

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At the same time, if the certificate dated 26.07.2012 has been obtained by any manipulation or fraud then it is open to the respondent no.2 to consider any such material brought before him for re-visiting the issuance of the certificate in favour of the respondent no.3 but the same shall be done only after putting the respondent no.3 to notice provided it has been obtained by fraud or misrepresentation. "

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Learned counsel for the applicant has submitted that despite the judgment of this

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CAPL No. 881 of 2026

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2

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Court dated 20.03.2017, the respondent has decided the proceedings under Section 34 of U.P. Revenue Code, 2006 filed by the applicant in favour of Shri Sada Shiv Dubey by placing reliance upon the succession certificate dated 24/26.07.2012 issued in favour of late Ram Pyari, who had executed the registered will deed in favour of Shri Shiv Balak Dubey, hence the respondent has violated the judgment and order passed by this Court dated 20.03.2017 passed in the writ petition, thus, respondent is liable to be punished under the relevant provisions of the Contempt of Courts Act, 1971.

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On being asked from learned counsel for the applicant whether the copy of the judgment dated 20.03.2017 was ever served upon the respondent, he has replied that the same was served upon the respondent by registered post on 16.05.2025.

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After hearing learned counsel for the applicant and going through the record of the case, it is found that order under Section 34 has been passed on 01.04.2025 and the order of the Writ Court has been communicated to the respondent on 16.05.2025 i.e. after the passing of the order and it is an admitted case of the applicant that prior to that, the judgment and order was not served upon the respondent hence there arises no occasion for the respondent to violate the order which was communicated later on.

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In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit, hence, dismissed .

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March 12, 2026 Ashish

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(Manish Kumar,J.)

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

Smt. Nandini Sadashiv Dubey and Another v. Shri Vijay Ranjan Srivastava Naib Tehsildar Sumerpur Unnao

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Smt. Nandini Sadashiv Dubey and Another v. Shri Vijay Ranjan Srivastava Naib Tehsildar Sumerpur Unnao

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