Allahabad High Court
NIKHIL KUMARversusSRI JAVED ANSARI, TEHSILDAR- TEHSIL-TAKHA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that substantial compliance with the earlier order precludes a finding of contempt, and therefore the contempt application was consigned to the record.
Summary
Nikhil Kumar filed a contempt application alleging that Tehsildar Sri Javed Ansari willfully defied the High Court's order dated 07-11-2025, which directed the Tehsildar to decide a mutation suit within three months. The order, issued in Writ‑C No. 38509 of 2025, warned that non‑compliance would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. The Tehsildar produced a decision dated 31‑12‑2025, which the Court held to be substantial compliance with the earlier direction. Consequently, the Court consigned the contempt application to the record, leaving the applicant free to raise any further question in appropriate proceedings. No finding of contempt was made and the application was effectively dismissed.
Issues considered
- Whether the Tehsildar's decision dated 31‑12‑2025 constitutes civil contempt under Section 2(e) of the Contempt of Courts Act, 1971.
- Whether substantial compliance with the Court's earlier order suffices to avoid a finding of contempt.
Legislation cited
- Contempt of Courts Act, 1971 — s. 2(e)
- U.P. Revenue Code, 2006 — s. 34
Subjects
- civil contempt
- contempt of court
- mutation proceedings
- U.P. Revenue Code
- Section 34
- substantial compliance
- High Court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5813 of 2026
Nikhil Kumar
.....Applicant(s)
Versus
Sri Javed Ansari, Tehsildar- Tehsil-Takha
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar
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 07.11.2025 passed in Writ-C No. 38509 of 2025,
order whereof is quoted hereinunder.-
"1. This writ petition has been filed with the following prayer:-
"i) Issue a writ, order or direction in the nature of mandamus directing to
the respondent No. 2/Tehsildar, Tehsil Takha, District- Etawah to decide
the mutation Suit No. 2918 of 2025 its computerized No.
T202503220602918 (Nikhil Kumar Vs. Smt. Chhallo Devi) under section
34 U.P. Revenue Code, 2006 pending in the court of respondent No.
2/Tehsildar, Tehsil- Takha, District- Etawah, within stipulated time frame
fixed by this Hon'ble Court"
2. It is contended by learned counsel for the petitioner that mutation
application has been moved in the year 2025 which is pending
consideration. The sole prayer made in the writ petition is for expeditious
disposal of the same.
3. This Court on 02.07.2025 had required Sri Manish Goyal, learned
Additional Advocate General to get instructions from State Government
as to why petitions in such a large number are being filed in this Court
for expediting mutation proceedings.
4. Pursuant to query made by this Court, learned Additional Advocate
General placed before the Court the circular issued by State Government
on 09.07.2025 wherein a direction has been issued by State Government
to all Collectors of the State requiring Tehsildars and Sub Divisional
CAPL No. 5813 of 2026
2
Officers of the Tehsil and Division to conclude the mutation proceedings
within the time period prescribed under the Code.
5. This Court requires that each and every Tehsildar and Sub Divisional
Officer of the State should immediately comply the directions issued by
State Government and in case the mutation applications are kept pending
and are not decided within the time frame as provided under the Circular
dated 09.07.2025 or as provided under the Code, 2006 or directed by this
Court, it would amount to civil contempt under Section 2(e) of the
Contempt of Courts Act, 1971. Without any further direction, the officer
will be held disobedient of the order of this Court and would be guilty of
contempt.
6. In view of said fact, respondent no. 2- Tehsildar, Tehsil- Takha,
District- Etawah is hereby directed to conclude the proceedings of
Mutation Case No. 2918 of 2025, computerized No. T202503220602918
(Nikhil Kumar Vs. Smt. Chhallo Devi) positively within a period of three
months, from the date of production of certified copy of this order, strictly
in accordance with law, after hearing all the affected parties.
7. With the aforesaid directions, writ petition stands disposed of.
8. It is made clear that this Court has not adjudicated the matter on
merits."
2. Today, instructions have been produced, according to which, proceedings
have been decided on 31.12.2025. A copy of the same be served upon the
learned counsel for the applicant.
3. Since there has been substantial compliance, the present contempt
application is consigned to record leaving it open to the applicant to
question the same before appropriate proceedings.
4. Instructions filed today are taken on record and marked as Appendix 'A'.
(Vikas Budhwar,J.)
September 23, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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