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Allahabad High Court

RAM ABHILAKHversusSRI MANOJ KUMAR SRIVASTAVA, S.D.M., TAHSIL-SOHAWAL, AYODHYA

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

No contempt is made out as the order was complied with, and the contempt petition is dismissed.

Summary

Ram Abhilakh filed a contempt application alleging that the order dated 27 July 2023 had not been complied with by Sri Manoj Kumar Srivastava, the Sub Divisional Magistrate. The State's standing counsel submitted that the order had been fully complied with and placed the compliance instructions on record. The High Court examined the submissions and found no evidence of non‑compliance. Consequently, the Court held that no contempt was made out and discharged the notices. The petition was dismissed, but the Court allowed the petitioner to file a recall application if he still believes the order remains unimplemented.

Issues considered

  • Whether the order dated 27 July 2023 was complied with by the respondent.
  • Whether the alleged non‑compliance amounts to contempt of court.

Subjects

  • contempt
  • civil contempt
  • compliance with court order
  • High Court
  • dismissal

Judgment

                                                             Neutral Citation No. - 2024:AHC-LKO:1175

                                         Court No. - 19

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 3706 of
                                         2023

                                         Applicant :- Ram Abhilakh
                                         Opposite Party :- Sri Manoj Kumar Srivastava, S.D.M.,
                                         Tahsil-Sohawal, Ayodhya
                                         Counsel for Applicant :- Anshuman Pandey

                                         Hon'ble Shree Prakash Singh,J.

                                         Learned standing counsel for the State submits that the order
                                         dated 27.07.2023 has been complied with and in support of his
                                         compliance, he has placed instructions which is taken on record
                                         and that shall be part of the record.

                                         In view of the aforesaid submissions, no contempt is made out.

                                         Hence, notices are discharged.

                                         The contempt petition is dismissed.

                                         However, it is open to the petitioner that if he feels that the
                                         order dated 27.07.2023 has not been complied with, he is at
                                         liberty to a move recall application in the contempt petition.

                                         Consigned to records.

                                         Order Date :- 5.1.2024
                                         Mayank




Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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