Allahabad High Court
Rahul Verma vs Sri Vinay Barnwal, Naib Tehsildar ... on 13 December, 2022
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2110 of 2022 Applicant :- Rahul Verma Opposite Party :- Sri Vinay Barnwal, Naib Tehsildar Nagar, Ayodhya Counsel for Applicant :- Ram Sewak,Naveen Agrahari Hon'ble Rajeev Singh,J.
Heard Shri Ram Sewak, learned counsel for the applicant and Shri H.A.B. Sinha, learned Standing Counsel for the respondent.
On 7th December, 2022, following order was passed.
"On 22.09.2022, following order was passed.
"The present contempt application is filed with the avernment that order dated 9.11.2021 passed in Writ Petition No.23331 (M/S) of 2021 (Rahul Verma Vs. State of U.P. & Ors.) is wilfully flouted by the respondent. Let a copy of the contempt application be handed over to Sri Shrawan Kumar, learned Standing Counsel forthwith. List this case on 11.10.2022 as fresh.
In the meantime, he may seek instructions that why the order of the writ court is not complied with."
Shri H.A.B. Sinha, learned Standing Counsel informs that the order of the writ Court has already been complied and the respondent-Mr. Vinay Barnwal, Naib Tehsildar, Nagar, Ayodhya has decided the case in question vide order dated 17.09.2022.
List this case on 13.12.2022 within top 10 cases.
Mr. Vinay Barnwal, Naib Tehsildar, Nagar, Ayodhya is directed to appear on the next date before this Court along with complete record of the case in question."
In compliance of the aforesaid order, the respondent is present before this Court.
Shri H.A.B. Sinha, learned Standing Counsel submits that the Writ Petition (M/S) No. 23331 of 2021 filed by the applicant was disposed of by the writ Court on 9th November, 2021 with the direction to the Presiding Officer to conclude the mutation proceeding within six months from the date of communication of the certified copy of the order. It is further submitted that thereafter, the applicant filed a transfer application before the Sub Divisional Officer, Ayodhya, in which, on being asked, the respondent on 23.06.2022 gave no objection to the case being transferred from his court. However, neither stay order nor any other order has been passed in the said transfer application. Learned Standing Counsel lastly submits that the case was being listed before the Naib Tehsildar, but since the applicant failed to appear before him, therefore, the case was decided by the respondent finally on 17.09.2022 in accordance with the directions of the writ Court. It is, thus, submitted that no contempt is made out.
Considering the contents of the contempt application and going through the order passed by the writ court, it is evident that in compliance of the order of the writ Court, the case in question has already been decided by the respondent on 17.09.2022. It is also evident that there was no stay order in the transfer application moved by the applicant.
In view of above, the present contempt application has lost its efficacy and, accordingly, stands dismissed as infructuous.
However, it is always open to the applicant to ventilate his grievance, if any, before the appropriate forum.
Order Date :- 13.12.2022 VKS