Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4638 of 2019 Applicant :- Naime Khan Opposite Party :- O.P. Dwivedi, Joint Director Of Education Counsel for Applicant :- Ashok Kumar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 13.09.2017 passed in Special Appeal No.176 of 2016 (Naieem Khan vs. State of U.P. & Ors.). For ready reference the order dated 13.09.2017 is quoted as under:-
"Even if it is found that the order dated 21.11.2008 directing single operation of the accounts of the Institution was a forged order nothing will turn upon it inasmuch as the writ court under the order dated 9.7.2009 passed in Civil Misc. Writ Petition No. 33666 of 2009, giving rise to the present appeal has set aside the order dated 21.11.2008; meaning thereby that in both the circumstances the order would cease to exist.
No fruitful purpose will be served in keeping the appeal pending. The special appeal stands disposed of."
The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
Once the Court has declined to interfere in the order impugned, learned counsel for the applicant has prayed that the present application be dismissed as not pressed with the liberty to approach before the appropriate forum.
Prayer made is allowed.
The Contempt Application is disposed of with the said liberty.
Order Date :- 26.7.2019 A. Pandey