Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 601 of 2021 Applicant :- Kiran Shankar Prasad Opposite Party :- Mr Devesh Chaturvedi, Principal Secretary Housing And Urban Planning Counsel for Applicant :- Manish Dev Singh
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance of the final judgment and order dated 19.09.2019 passed in Writ (C) No.29947 of 2019. The order dated 19.09.2019 is reproduced herein below:-
"Heard learned counsel for the petitioner and learned Standing Counsel as well as Sri Vineet Sankalp appearing for the respondents.
Learned Standing Counsel states that subject to verification of all facts, the revision which is stated to be pending shall be duly attended to and disposed of by the Principal Secretary with expedition.
The petition shall stand disposed of."
Since the aforesaid order was not complied with, the present contempt application was filed. Pursuant to the order dated 06.07.2021, an affidavit of compliance has been filed by the opposite party. Further in paragraph Nos.5 & 6 of the aforesaid affidavit, it is stated that the order passed by the Writ Court has complied with in its letter and spirit. Paragraph Nos.5 & 6 of the aforesaid affidavit is reproduced herein below:-
"5. That as soon as the order of Hon'ble High Court dated 05.02.2021 came in the knowledge of the deponent, he forwarded the matter to the Principal Secretary, Housing and Urban Planning Department, Government of U.P., Lucknow for complying the order of Hon'ble Writ Court and also wrote a letter dated 22.02.2021 mentioning therein that the deponent was posted in the Housing and Urban Planning Department from 27.06.2019 to 05.08.2019 and requested to the Principal Secretary, Housing and Urban Planning Department, Government of U.P., Lucknow for complying the order of Hon'ble Writ Court within the time period fixed by the Hon'ble High Court. It is also to be mentioned that from 08.07.2019 to 19.07.2019 the deponent participated in a short term training program on "Negotiation for Public Leaders" at University of California, Kerkeley (UCB), USA. For more details and kind perusal of this Hon'ble Court, copy of the letter dated 22.02.2021 is being filed herewith and marked as Annexure No.1 to this affidavit.
6. That the matter of the applicant was under the jurisdiction of Addl. Chief Secretary, Urban Development Department, Government of U.P., Lucknow, therefore, the Addl. Chief Secretary, Urban Development Department, Government of U.P., Lucknow has gone through the entire records pertaining to the matter of the applicant thereafter, passed an order dated 24.07.2021 in compliance of order of Hon'ble Writ Court dated 19.09.2019. For more details and kind perusal of this Hon'ble Court, copy of the order dated 24.07.2021 is being filed herewith and marked as Annexure No.2 to this affidavit."
In view of this matter, it is argued by learned counsel for the applicant that the order passed by the Writ Court has already been complied with by the opposite party, therefore, no cause of action remain survive and prays that the present contempt application be dismissed as infructuous.
Accordingly, the present contempt application is dismissed as having become infructuous.
Notice issued to the opposite party is discharged.
Order Date :- 28.7.2021 pks