Allahabad High Court
SMT. RAJJA DEVIversusSHRI AVINASH SINGH YADAV, SUB- DIVISIONAL MAGISTRATE, TEHSIL PHOOLPUR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The magistrate substantially complied with the mandamus order, therefore no contempt of court occurred.
Summary
The applicant, Smt. Rajja Devi, filed a contempt application alleging that the Sub‑Divisional Magistrate, Avinash Singh Yadav, willfully defied a May 1 2025 order directing him to decide a 2020 land‑revenue case within three months. The original writ (Writ‑C No. 12509 of 2025) had mandated the magistrate to allot a case number and adjudicate the matter under Section 24 of the Uttar Pradesh Revenue Code, 2006. On September 28 2026 the magistrate produced instructions showing that the order had been substantially complied with. The High Court examined whether the compliance satisfied the mandamus and whether contempt could be sustained. Finding that the statutory requirements were met, the Court consigned the contempt application to the record, effectively dismissing it while leaving the applicant free to approach another forum if dissatisfied. The Court also ordered that a copy of the instructions be served on the applicant’s counsel.
Issues considered
- Did the Sub‑Divisional Magistrate willfully defy the May 1 2025 mandamus order?
- Has the magistrate substantially complied with the direction to decide the case under Section 24 of the U.P. Revenue Code, 2006?
- Is a contempt proceeding warranted where the statutory direction has been fulfilled?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 24
Subjects
- contempt of court
- mandamus
- U.P. Revenue Code
- Section 24
- land revenue
- sub‑divisional magistrate
- compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4406 of 2026
Smt. Rajja Devi
.....Applicant(s)
Versus
Shri Avinash Singh Yadav, Sub- Divisional
Magistrate, Tehsil Phoolpur .....Opposite
Party(s)
Counsel for Applicant(s) : Dan Bahadur
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 01.05.2025 passed in Writ-C No. 12509 of 2025,
order whereof is quoted hereinunder:-
"1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
"Issue a writ, order or direction in the nature of mandamus directing the respondent
no.2 i.e. Sub Divisional Magistrate, Phoolpur, District Prayagraj to decide case No.
Nil of 2020 (Smt. Rajja Devi Vs. Daulat and others) under section 24 of Land Revenue
Code 2006 as possible as within short stipulated period as may be fixed by this
Hon'ble court which is pending before Sub Divisional Magistrate, Phoolpur, District
Prayagraj."
3. Contention of the learned counsel for the petitioner is that he has filed an
application under Section 24 of the U.P. Revenue Code, 2006 in the year 2020 and
nothing has been done, even number has not been allotted to the proceedings.
4. No useful purpose would be served in keeping this petition pending.
5. The present petition stands disposed of finally with a direction to the respondent
No. 2, Sub Divisional Magistrate, Phoolpur, District Prayagraj to consider and decide
the proceedings after allotting the number to the same, in accordance with law,
expeditiously, preferably within a period of three months from the date of production
of a certified copy of this order after ensuring service upon all the respondents and
after giving opportunity of hearing to the parties concerned provided that there is no
other legal impediment."
2. Today instructions have been produced annexing therewith the copy of the
order dated 28.09.2026 deciding the proceedings under Section 24 of the UP
Revenue Code.
CAPL No. 4406 of 2026
2
3. Since the order of the Writ-Court has been substantially complied with,
the contempt application is consigned to record, leaving it open for the
applicant to question the same before appropriate forum.
4. Let a copy of the instructions be served upon the counsel for the applicant.
5. Instructions filed today are taken on record and marked as Appendix 'A'.
September 30, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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