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Brahma Dutt Upadhyay vs Gorakh Nath Patel

High Court Of Judicature at Allahabad|30 July, 2021
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JUDGMENT / ORDER

Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1200 of 2021 Applicant :- Brahma Dutt Upadhyay Opposite Party :- Gorakh Nath Patel, B.S.A Counsel for Applicant :- Ashok Kumar Chaubey
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 15.10.2020 passed in Writ A No.8667 of 2020 (Brahma Dutt Upadhyay Vs. State of U.P. and Others). The order is reproduced hereinbelow :-
"Petitioner has already approached the District Basic Education Officer, Sonebhadra in respect of his grievance that his salary has been stopped without any justifiable cause. It is stated that petitioner otherwise is due to superannuate on 31st March, 2021. It is further stated that none of the authorities are examining petitioner's grievance.
Considering the nature of order proposed to be passed, it is not necessary to issue notice to respondent nos. 3 & 4. Learned Standing Counsel has been heard for the State authorities.
In the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no. 2 to examine petitioner's claim, noticed above, strictly in accordance with law, by means of a reasoned order to be passed, within a period of two months from the date of presentation of a copy of this order. All consequential action shall be taken, accordingly.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order."
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Swati
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Title

Brahma Dutt Upadhyay vs Gorakh Nath Patel

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2021
Judges
  • Prakash Padia
Advocates
  • Ashok Kumar Chaubey