Gurusaran v. Pradeep Kumar Singh, Tehsildar Tehsil Milkipur Distt. Ayodhya

Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4777 of 2024 Applicant :- Gurusaran Opposite Party :- Pradeep Kumar Singh, Tehsildar Tehsil Milkipur Distt. Ayodhya Counsel for Applicant :- Ram Nath Pandey,Aneeta Yadav,Hemlata Verma,Om Prakash Srivastav,Rahul Srivastava Hon'ble Manish Kumar,J. Heard. Present contempt petition has been preferred for non compliance of the judgment and order dated 19.05.2023 by the respondent whereby this Court has directed the Tehsildar, Tehsil Milkipur, District Ayodhya to consider and decide the pending case filed by the Gram Sabha concerned in pursuance of the complaint made by the applicant, within a period of three months from the date of production of certified copy of the order dated 19.05.2023. Learned counsel for the applicant has submitted that certified copy of the order dated 19.05.2023 was served upon the respondent by making representation dated 12.06.2023 and the period of three months expired on 11.09.2023 and for the first time cause of action arose on the said date but till date no decision has been taken by the respondent hence, the present contempt petition has been filed. After hearing learned counsel for the applicant and going through the record of the case, it is an admitted case of the applicant that for the first time cause of action arose on

11.09.2023 and as per Section 20 of the Contempt of Courts Act, 1971, the contempt petition is to be filed within a period of one year from the date of cause of action arose. For convenience, the Section 20 of the Contempt Courts Act, 1971 is being reproduced hereinbelow:- " 20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." In the present case, the cause of action arose for the first time on 11.09.2023 whereas the present contempt petition has been preferred after the expiry of more than one year i.e. on

23.12.2024 whereas it was to be filed prior to 11.09.2024. Hence, it is barred by Section 20 of the Contempt Courts Act, 1971. In view of the facts and circumstances of the case, the present contempt application is dismissed. Order Date :- 19.12.2024 Ashish High Court of Judicature at Allahabad, Lucknow Bench