Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1672 of 2013 Applicant :- Harish Tandon Opposite Party :- Dinesh Kumar Singh Yadav Officer In Charge And Another Counsel for Applicant :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Opposite Party :- S.C.
Hon'ble Jayant Banerji,J.
Civil Misc. Recall Application No. 8 of 2021
The recall application has been filed within time. The cause for non-appearance is mentioned in paragraph no. 4 of the affidavit filed in support thereof.
In paragraph no. 6, it has been stated that contempt application has not become infructuous. However, a perusal of the order dated 26.2.2013 passed by Prescribed Authority, Allahabad in P.A. Case No. 1 of 2002 that appears as Annexure No. 11 to the affidavit filed in support of the contempt application reveals that it was a direction made by the Prescribed Authority under the provisions of Section 23 of the UP Act No. 13 of 1972 for evicting Smt. Snehlata Patel from Municipal No. 31 (old), thereafter 57, and presently 101, Dayanand Marg, Allahabad which is situated over plot no. 139B, Civil Station, Allahabad. It has not been stated in affidavit filed in support of the recall application that whether Smt. Snehlata Patel has or has not been evicted or whether she has relinquished the possession of the house in question.
Under the circumstances, I see no reason to recall the order dated 6.12.2021 passed by this Court.
The application is, accordingly, rejected.
Order Date :- 23.12.2021 A. V. Singh (Jayant Banerji, J.)