Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5906 of 2021 Applicant :- Nandini Opposite Party :- Mr. Tulsiram District Panchayat Raj Officer Counsel for Applicant :- Maha Prasad
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant.
The present contempt application has been filed alleging contempt of the judgment and order dated 29.07.2021 passed by this Court in Writ-C No.16370 of 2021 (Nandini v. State of U.P. & Ors.).
The judgment dated 29.07.2021 passed by this Court is as follows:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By this petition, the petitioner has prayed for following reliefs:-
I) ISSUE a writ, order or direction in the nature of mandamus commanding the respondent No.2, to decide the case/representation and also release the amount as awarded in their memorandum, expeditiously (Annexure No.1 to this petition).
II) ISSUE a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to decide the case of the petitioner within stipulated time as directed by this Hon'ble Court."
Learned Counsel for the State has no objection if the representation is directed to be decided within stipulated period of time.
In view of the above, it is observed that the respondent no.2 shall look into the representation of the petitioner which has been made for release of the amount to be awarded as per the memorandum annexed herewith. All details are given by the petitioner to the respondents. This petition shall also be tagged with that representation along with the order of this Court. The respondent no.2 shall take conscious decision in the matter expeditiously, preferably within a period of eight weeks from the date of this order.
It is made clear that this Court has not gone into the merits of the matter and it is the respondent no.2 who shall decide the claim in accordance with law.
With these observations, present petition is disposed of."
Annexure-2 to the affidavit filed in support of the application is a letter addressed to the District Panchayat Raj Offier, who has been arrayed as opposite party in the present contempt application, which reflects that on 23.09.2021, the aforesaid order of the Court was served on him.
The order of the Court had directed the respondent no.2, the opposite party, to take a conscious decision in the matter expeditiously, preferably within a period of eight weeks from the date of the order.
However, the order of the writ Court was served on the opposite party after the expiry of eight weeks. As such, no contempt is made out against the opposite party.
The contempt application is devoid of merit and is, accordingly, dismissed.
Order Date :- 23.12.2021 SK Digitally signed by JAYANT BANERJI Date: 2021.12.23 16:59:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad