Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1878 of 2013 Applicant :- Harikesh Chaudhary Opposite Party :- Malay Sanyal Addl. Secry. Home And Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- S.C.,Manish Tiwari,Manish Trivedi,Satish Kumar Rai
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and Sri Arvind Kumar Goswami, learned counsel for the opposite party no.1.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 08.05.2012 passed in Writ Petition No.13916 of 2012 (Harikesh Chaudhary Vs. State of U.P. and others).
An affidavit of compliance was filed by the opposite party. It is stated in the affidavit of compliance that the order passed by the writ Court has already been complied with and a decision has been taken on 06.04.2014 by the State Government, copy of which is appended as annexure 2 to the affidavit.
It is argued by Sri Rakesh Kumar Mishra, learned Standing Counsel that since the order has already been complied with, therefore, no cause of action remained survive.
On the other hand it is argued by counsel for the applicant that though by the aforesaid order recommendation has been made by the District Magistrate, Sant Kabir Nagar for extension of the area of validity of gun licence throughout the State of India but till date no decision has been taken in this regard.
Heard learned counsel for the parties and perused the record.
In the facts and circumstances of the case, present contempt application is disposed of finally permitting the applicant to move a fresh representation stating all the facts specially the facts that inspite of the order passed by the District Magistrate on 06.04.2014 no further action has been taken in this matter. If such a representation is moved by the applicant along-with copy of this order within three weeks from today, the competent authority will look into the matter and pass appropriate orders within three months thereafter.
Order Date :- 7.10.2021 Pramod Tripathi