Allahabad High Court
Mohd. Islam vs State Of U.P. Thru.Prin.Secy. Revenue ... on 18 January, 2021
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- MISC. SINGLE No. - 931 of 2021 Petitioner :- Mohd. Islam Respondent :- State Of U.P. Thru.Prin.Secy. Revenue Deptt.Lko. & Ors. Counsel for Petitioner :- Manoj Kumar Gupta,Rakesh Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner.
It appears from a perusal of the pleadings on record that the petitioner had earlier filed Writ Petition No.8435 (MS) of 2013 praying for the same relief that the Mutation case no.378/525 pending before the Naib Tehsildar concerned be directed to be decided expeditiously.
Same prayer is now being made on the ground that although this Court by its order dated 20.12.2013 had directed disposal of the mutation application within a period of nine months from the date a copy of such order is produced before the Naib Tehsildar, no such decision has taken even after a lapse of seven years.
In view of the law settled by a Full Bench of this Court in the case of Suryadeo Mishra vs. State of U.P. 2006(1) ADJ 467 (FB), a second writ petition for the same cause of action is not maintainable.
It will be open for the petitioner to file a contempt application before the appropriate Court as limitation under Section 20 of the Contempt of Courts Act will not be applicable as there is continuous cause of action generated by each of the subsequent Naib Tehsildars who have not bothered to comply with the order of the Court.
The writ petition is dismissed as not maintainable.
Order Date :- 18.1.2021 Sachin