Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1863 of 2021 Applicant :- Madhuban Opposite Party :- Shri Suresh Jaiswal Counsel for Applicant :- Yatindra
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the interim order dated 12.03.2013 passed in Writ Petition No.13890 of 2013 (Madhuban Vs. State of U.P. and others). The aforesaid order is quoted below:-
"According to Sri C.M.Yadav, learned counsel for the petitioner, the Consolidation Officer had passed an order dated 30.06.2008 in the objections filed by the petitioner, Madhuban as also by Ram Deo, the predecessor of respondents no. 4 to 6 and Chauti, respondent no.7. In the said order, the Consolidation Officer had decided the objections of all the persons and had passed the said order. Learned counsel states that the respondent no.3, Suryadev and respondent no.7, Chauti filed restoration application against the order dated 30.06.2008, which was allowed by the impugned order dated 30.11.2009. According to him, the restoration application was not maintainable since the order dated 30.06.2008 was passed on the objections of all the respondents after hearing them and hence it was not an exparte order. According to him, the revisional court has also committed the same illegality in rejecting the revision filed by the petitioner without taking into account that the order dated 30.06.2008 was an order passed on the objections of the respondents and the petitioner after hearing them and it was not an exparte order.
In view of the aforesaid circumstances, until further orders of this Court, the effect and operation of the impugned order dated 07.12.2012 passed in Revision No. 306 (Madhuban Vs. Suryadeo & others) by the Deputy Director, Consolidation, Azamgarh as also an order dated 30.11.2009 passed by the Consolidation in Case No. 88- 31 (new number 190) shall remain stayed."
It is argued by learned counsel for the applicant that despite the fact that the interim order passed by this Court was in existence but in complete violation of the same, a decision has been taken by the opposite party on 29.11.2019.
Today when the matter is taken up, a communication dated 22.07.2021 has been produced by Sri K.R. Singh, learned Additional Chief Standing Counsel before the Court. The same is taken on record and a copy of the same has also been provided to the counsel for the opposite party.
It is stated in the communication that the order dated 29.11.2019 has been withdrawn by the authorities and submitted that no further cause of cause of action would remain survived and prays that the contempt application be dismissed as having become infrctuous.
In view of the above, the present contempt application is dismissed as having become infrctuous.
Order Date :- 28.7.2021 saqlain