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Allahabad High Court

RAM MILAN MISHRAversusSRI GORANG RATHI, D.M. AND 3 OTHERS

Decided

Holding

The contempt application was dismissed as infructuous because the opposite party had complied with the writ court's order.

Summary

The writ court had directed the opposite party to complete proceedings under Section 67 of the U.P. Revenue Code, 2006. The opposite party filed a compliance affidavit on 5 February 2024, stating that the required proceedings were concluded on 29 January 2024 and attached the relevant document. The applicant had filed a contempt application alleging non‑compliance. Upon reviewing the affidavit and annexure, the court found that the order had been fully complied with. Consequently, the contempt application was deemed infructuous and was dismissed. The contempt notice was also discharged.

Issues considered

  • Whether the contempt application should stand when the opposite party has complied with the writ court's order under Section 67 of the U.P. Revenue Code, 2006.

Legislation cited

Subjects

  • contempt of court
  • compliance
  • U.P. Revenue Code
  • Section 67
  • writ jurisdiction
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 9117 of 2023

                                    Ram Milan Mishra
                                                                                             .....Applicant(s)
                                                                     Versus

                                    Sri Gorang Rathi, D.M. And 3 Others
                                                                                                .....Opposite
                                                                                                      Party(s)

                                    Counsel for Applicant(s)                        :    Shiv Naresh
                                    Counsel for Opposite Party(s)                   :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. The writ Court had required the opposite party to conclude the
                                    proceedings under Section 67 of U.P. Revenue Code, 2006.

                                    2. In the compliance affidavit filed by the opposite party on 5.2.2024 in
                                    paragraph nos. 5, 6 and 9 it has been stated that the order of writ Court
                                    has been complied with and proceedings under Section 67 of U.P.
                                    Revenue Code, 2006 have been brought to its logical end on 29.1.2024,
                                    copy of which has been appended as annexure No. 3 to the compliance
                                    affidavit.

                                    3. As the order of writ Court has been complied by the opposite party,
                                    contempt application has rendered infructuous and same stands dismissed.
                                    Contempt notice stands discharged.



                                                                                 (Rohit Ranjan Agarwal,J.)
                                    May 5, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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