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Allahabad High Court

UTTIM CHAUHANversusMISS AKANKSHA MISHRA, SUB DIVISIONAL MAGISTRATE

Decided

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

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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