Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1823 of 2019 Applicant :- Chandrawati Devi Opposite Party :- Mr. K. Balaji, District Magistrate Counsel for Applicant :- Ajay Srivastava,Shiv Bahadur Singh
Hon'ble Vivek Kumar Birla,J.
HeardSri P.K. Giri, learned Additional Chief Standing Counsel and perused the affidavit filed in support of this application.
Learned counsel for the applicant is not present even in the revised call. On 24.5.2019 following order was passed:-
"Sri K.R. Singh, learned Additional Chief Standing Counsel submits that the order of the Writ Court has already been complied with but due to Lok Sabha Election affidavit of compliance could not be filed. He prays for and is granted three days time to file affidavit of compliance.
Put up in the additional cause list on 29.5.2019." On 29.5.2019 following order was passed:-
"Sri P.K. Giri, learned Additional Chief Standing Counsel states that affidavit of compliance is ready, however, since the counsel for the petitioner is not present, the same could not be served on him.
Put up this case in the additional cause list on 31.5.2019.
In the meantime, Sri Giri may serve affidavit of compliance on learned counsel for the applicant and inform him that the case will be listed on 31.5.2019."
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 29.5.2016 passed by the Writ Court in Writ Petition No. 19751 of 2018 (Chandrawati Devi vs. District Magistrate and others). The operative portion of the said order is quoted as under:
"It is, therefore, being directed that the enquiry as is contemplated under Rules -5 and 6 of the 1997 Rules shall be now completed within a period of six weeks from today. However, if the enquiry is not concluded within the aforementioned period then the District Magistrate may consider the withdrawal of the order by which the financial and administrative power had been seized."
Sri Giri has filed an affidavit of compliance duly served on counsel for the applicant.
An affidavit of compliance has been filed annexing therewith copy of the order dated 21.5.2019 passed by the opposite party whereby claim of the applicant has been decided.
In such view of the matter, this Court is of the opinion that the order of the Writ Court has been complied and no further orders are required. Notices stands discharged.
Application is consigned to record.
Order Date :- 31.5.2019 Lalit Shukla