Heard Sri Ramesh Chandra Srivastava, learned counsel for applicant, learned State counsel and perused the record.
Facts in brief of the present case are that initially the applicant for redressal of his grievance approached this Court by filing Writ Petition No.1321 (SB) of 2015 (Dr. Vijay Shanker Lal Vs. State of U.P. and others, disposed of by order dated 01.09.2015 with a direction to the respondent No. 1 to decide the representation of the petitioner within the time frame as fixed therein.
As per version of the petitioner, the order passed by writ court has not been complied with, so the present contempt petition has been filed.
On 26.11.2015, notices were issued to opposite party.
An affidavit of compliance has been filed by respondent/ Dr. Anoop Chandra, Secretary, Medical Education & Trainbing, Ayush Anubhag- 1, Govt. of U.P., Lucknow , taken on record.
Learned State Counsel on the basis of averments made therein submits that the order passed by writ court has been complied with as the case of the petitioner has been considered and decided by means of order dated 09.10.2015 passed by Cane Commissioner and Director, Lal Bahadur Shastri Ganna Kisan Sansthan, U.P., Lucknow copy of which annexed as contained in annexure no. CA-1 to the affidavit of compliance, so the present contempt petition may be dismissed.
The said fact has not been disputed by learned counsel for the applicant. However, he requests that the applicants may be permitted to challenge the order dated 09.01.2016 before appropriate forum.
After haring learned counsel for the parties and going through the record as well as taking into consideration the law laid down by Hon'ble Apex Court in the case of J.S. Parihar Vs. Ganpat Duggar and others, AIR 1997 SC 113, I am of the considered opinion that the order passed by writ court has been complied with therefore, the contempt petition is dismissed .
Notice issued are discharged.
However, as prayed, the applicants are permitted to challenge the order dated 09.01.2016 before appropriate court, if he so advised.
Order Date :- 12.1.2016/Ravi/