Sandhya Singh v. Shri Rajkapoor Nayab Tehsildar, Tehsil-Alapur, Ambedkar Nagar

Court No. - 19 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4254 of 2023 Applicant :- Sandhya Singh Opposite Party :- Shri Rajkapoor Nayab Tehsildar, Tehsil-Alapur, Ambedkar Nagar Counsel for Applicant :- Ajay Kumar Hon'ble Jaspreet Singh,J.

¶1Heard learned counsel for the petitioner and learned AGA.

¶2The instant contempt petition has been preferred under Section 12 of the Contempt of Courts Act, 1971 alleging willful disobedience of the order passed by the writ Court dated

25.07.2023 in a petition under Article 227 bearing No.3649 of 2023, whereby a direction was issued to the Tehsildar to consider and decide Case No.4870 of 2022 most expeditiously after affording full opportunity of hearing to the parties but without granting any adjournment to the parties preferably within a period of three months from the date a certified copy of this order is produced before the Authority concerned.

¶3The counsel for the petitioner submits that the order passed by the Court was placed before the Authority on 14.08.2023 but despite the passage of time as indicated in the order, no decision has been taken and the matter is still pending adjudication with the respondent. He has also drawn the attention of the Court to the extract of the ordersheet which has been brought on record as Annexure No.3.

¶4Having considered the aforesaid submissions and also noticing the direction issued by the Court in context with the extract of the ordersheet, this Court is of the clear opinion that no case for deliberate disobedience is made out for the reason that the Court while passing the direction on 25.07.2023 had only expressed that the Authority shall decide the case expeditiously without granting adjournment to any of the parties, preferably within a period of three months from the date a copy of the order is placed before the Authority (emphasis supplied). In this context, if the extract of the ordersheet is seen, it would indicate that almost on all dates, the Members of the Bar were not appearing and were abstaining from work. In the aforesaid circumstances, it cannot be said that the respondent had any role or had deliberately violated the order passed by Court. Considering the aforesaid, no case for contempt is made.

¶5Accordingly, the contempt petition is dismissed. Order Date :- 4.12.2023 KR High Court of Judicature at Allahabad, Lucknow Bench