Allahabad High Court
UTTIM CHAUHANversusMISS AKANKSHA MISHRA, SUB DIVISIONAL MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application is consigned to the record, allowing the applicant to question the order before the appropriate forum.
Summary
The applicant, Uttim Chauhan, filed a contempt petition alleging that the Sub Divisional Magistrate, Akanksha Mishra, failed to comply with a September 8, 2025 order in Writ C No. 31030, which required her to consider the applicant's application. The court noted that instructions had been produced showing that the proceedings under Section 116 of the U.P. Revenue Code, 2006 were decided on September 1, 2026, a fact not contested by the applicant. The court directed that a copy of these instructions be served on the applicant’s counsel. Consequently, the contempt application was consigned to the record, leaving the applicant free to challenge the order in the appropriate forum. The instructions were taken on record as Appendix‑A.
Issues considered
- Whether the Sub Divisional Magistrate’s failure to act on the September 8, 2025 order constitutes contempt of court
- Whether the contempt petition should be dismissed or consigned to the record pending further challenge
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- contempt
- non‑compliance
- writ jurisdiction
- U.P. Revenue Code
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4881 of 2026
Uttim Chauhan
.....Applicant(s)
Versus
Miss Akanksha Mishra, Sub Divisional Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashraf Ali
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicant as well as learned Standing
Counsel.
2. The present contempt petition has been preferred alleging non-
compliance of the order dated 08.09.2025 passed in Writ C No. 31030 of
2025 which required the opposite party to consider the application of the
applicant.
3. Today instructions have been produced according to which, the
proceedings under Section 116 of the U.P. Revenue Code, 2006 stands
decided on 01.09.2026.
4. The said fact has not been disputed by the learned counsel for the
applicant. Let a copy of the instructions be served upon the learned
counsel for the applicant.
5. Accordingly, the contempt application stands consigned to record,
leaving it open for the applicant to question the said order before
appropriate forum in accordance with law.
6. Instructions have been filed today is taken on record and marked as
Appendix-A.
(Vikas Budhwar,J.)
September 24, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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