Recall Application of Contempt Petition
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
C.M. Misc. Application No. Of 2024
IN RE:
Contempt Application No. …….of 2016 (Civil)
5 Rs. Stamp
Shyam Lali aged about 60 years W/o Shri Prem Raj Dubey R/o Village Dayalapur H/o Jagdishpur, Pargana Amethi, Tahsil Guariganj, District Amethi.
...........Applicant/Petitioner
Versus
1. Vandita Srivastav, Sub Divisional Magistrate, Tahsil Gauriganj, District Amethi.
2. Shri Basant Kumar Singh, Tahsildar Gauriganj District Amethi.
3. Shri Bharat Raj Singh Station House Officer Gauriganj District Amethi.
4. Shiv Kala W/o Shri Anjani Kumar Pandey R/o Village & Post Shahmau (Shiv Singh Ka Purwa), Tahsil Tiloi, District Rae Bareli, U.P.
5. Smt. Kalawati W/o Shri Ram Abhilash Dubey
6. Radhe Shyam S/o Ram Abhilash Dubey.
Both residents of Village-Dayalapur, H/o Jagdishpur, Pargana Amethi, District Amethi.
7. Smt. Kushum Mishra W/o Shri Sheetla Prasad Mishra.
8. Smt. Kanchan Mishra W/o Shri Triveni Shankar Mishra.
9. Shri Sheetla Prasad Mishra S/o Sri Ram Bahor
R/o opposite party No.7 to 9 are the residents of Village Pure Nemdhar Pandit H/o Vishundapur, Tahsil Gauriganj, District Amethi.
10. Shri Subhash Chandra Prajapati, Sub Divisional Magistrate, Tahsil Gauriganj, District Amethi, presently posted as Sub Divisional Magistrate, Tehsil & District Amethi.
………Respondents
Application for Recall of the order dated-26.02.2024 which is passed by Hon’ble Mr. Shree Prakash Singh J & restore on its original number
The applicant named above most respectfully prays as under: -
For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to recall the order dated 26.02.2024 passed by the Hon’ble Mr. Shree Prakash Singh J and restore the aforesaid case to its original number in the interest of justice, equity and good conscience otherwise the petitioner shall suffer irreparable loss and injury.
Lucknow:
Dated- (Vinod Kumar Pandey)
Advocate
For the applicant/petitioner
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
Contempt Application No. 1464 of 2016 (Civil)
10 Rs Stamp, Photo, Affidavit Coupan
Shyam Lali ...........Applicant/Petitioner
Versus
Vandita Srivastav, Sub Divisional Magistrate, Tahsil Gauriganj, District Amethi. ………Respondent
Affidavit
(In Support of Recall Application)
I, Shyam Lali aged about 60 years W/o Shri Prem Raj Dubey R/o Village Dayalapur H/o Jagdishpur, Pargana Amethi, Tahsil Guariganj, District Amethi, Education- illiterate, Occupation- House wife, do here by solemnly affirm and state on oath as under: -
1. That the deponent is the applicant/petitioner herself in the above noted contempt petition and as such she is well conversant with the facts and circumstances of the case stated herein after.
2. That, the deponent has been filed the above noted contempt filed for punish the opposite parties for having committed wilful disobedience and contemptuous disregard of this Hon’ble Court’s order dated 20.11.2006 passed in writ petition No.5492 (M/S) of 2006 in case of Shyam Lali Versus the Commissiner, Faizabad Division Faizabad & others.
3. That after hearing this Hon’ble Court pleased to issue notice to the opposite party No.4,5,6 & 7 on vide order dated 31.07.2015. The true photo copy of order dated 31.07.2015 is being annexed herewith as Annexure No.1 to this affidavit.
4. That till date the opposite parties not filed any compliance themselves or by their advocate.
5. That the opposite party No.4 has been executed registered sell deed on 02.02.2022 over the disputed land to opposite party No.7 and 8 during pendency of writ and this contempt application before this Hon’ble Court. The true photo copy of sell deed dated 02.02.2022 is being annexed herewith as Annexure No.2 to this affidavit.
6. That the aforesaid case was listed on 26.02.2024 in court No.19, Hon’ble Mr. Justice Shree Prakash Singh J.
7. That the counsel for the deponent due to inadvertent mistake could not note the aforesaid case on 26.02.2024 and due to this reason, the counsel for the deponent/petitioner could not appeared before this Hon’ble Court when the case was called out.
8. That, counsel for the petitioner checked some order by counsel name, his name on 15.03.2024 and other case’s order this case order also came to know to the counsel for the petitioner and he found that the aforesaid case was dismissed on 26.02.2024 ‘case has been called out neither the Learned Counsel for the petitioner is present nor any request has been made on his behalf for adjournment of the case Writ Petition is dismissed in default.’ The computerized copy of order dated 26.02.2024 is being annexed as Annexure No.3 to this affidavit.
9. That, the none appearance of the counsel for petitioner before this Hon’ble Court is neither deliberate nor intentional it was only due to inadvertent mistake for which he could not appear before the Hon’ble Court.
10. That the cause of action still survives till date.
11. That in view of facts and circumstances stated here in above in preceding paragraphs the applicants deserve to be allowed this recall application and order dated 26.02.2022 is liable to be recall and this contempt petition is liable to be restore on its original number for being heard and decide on merit in the interest of justice, equity and good conscience otherwise the petitioner shall suffer irreparable loss and injury.
Lucknow: - Deponent
Dated:
VERIFICATION
I, the above-named deponent does here by verify that the contents of paragraph no.1 to11 of these affidavits are true to my own knowledge. No part of its false and nothing material has been concealed.
So. help me God!
Lucknow:-
Dated
Deponent
I identify the deponent
Who has signed before me.
ADVOCATE
Solemnly affirmed before me on at am/pm by the deponent who is identified by Vinod Kumar Pandey, Advocate High Court, Lucknow.
I have satisfied myself by examining the deponent that she understands the contents of this affidavit which have been read over and explained to her by me.
OATH COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
Contempt Application No. ……… of 2016 (Civil)
Shyam Lali ...........Applicant/Petitioner
Versus
Vandita Srivastav, Sub Divisional Magistrate, Tahsil Gauriganj, District Amethi & others. ………Respondents
INDEX
|
S.NO |
PARTICULARS |
PAGES |
|
1. |
Application for recall. |
|
|
2. |
Affidavit in support of recall application. |
|
|
3. |
Annexure No.1 The true photo copy of order dated 31.07.2015 |
|
|
4. |
Annexure No.2 The true photo copy of sell deed dated 02.02.2022. |
|
|
5. |
Annexure No.3 The computerized copy of order dated 26.02.2024. |
|
|
6. |
I.D. Proof |
|
Lucknow
Dated: - (Vinod Kumar Pandey)
Advocate
For applicant/petitioner
A.O.R. No.-B/V-0839
Mob-9415381583
Comments
Post a Comment