Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1577 of 2021 Applicant :- Laxmi Narayan Opposite Party :- Mr. Pratap Singh Baghel, Secretary U.P Basic Education Board Counsel for Applicant :- Alok Dwivedi Counsel for Opposite Party :- Yatindra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned counsel for the opposite party and perused the record.
Sri Yatindra, learned counsel for the sole opposite party submits that in compliance of the order of this Court dated 19th July, 2019 passed in Writ-A No.- 10812 of 2019 decision has been taken by the competent authority, namely opposite party on 26th July, 2021. A copy of which is supplied to the learned counsel for the applicant in the Court itself.
Learned counsel for the applicant, on the contrary, submits that this order is complete eye wash and the respondent has virtually not decided the representation on the correct perspective.
In the considered opinion of the Court, this Court has limited power to the extent to ensure that direction of the Court is complied with. In this case direction was to decide the representation. The Court had not applied its mind to the merit of the claim and in such circumstances, therefore, the order passed by the competent authority is said to have been passed in letter and spirit of the order of this Court dated 19th July, 2019.
In view of the above, no cause of action survives to maintain the contempt application and accordingly, the contempt application is consigned to records.
It is always open to the petitioner to challenge the order, if aggrieved, in appropriate proceedings at appropriate forum.
Order Date :- 27.7.2021 Atmesh