Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 296 of 2014 Applicant :- Smt. Prabhawati Opposite Party :- Sachin Kumar Singh Upziladhikari And Another Counsel for Applicant :- Nagendra Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 27.02.2013 passed in Writ Petition No.52190 of 2012 (Smt. Prabhawati v. State of U.P. & Ors.) as well as the order dated 13.09.2013 passed in Contempt Application (Civil) no.4331/2013 (Smt. Prabhawati vs. Sachin Kumar Singh, Up Ziladhikari and another).
The matter was lastly listed before this Court on 11.04.2019 and the Court has asked learned Additional Chief Standing Counsel to seek the instruction in the matter as it has been alleged that the Authority, who had decided the representation of the applicant, was incompetent.
Today, when the matter is taken up, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed the instruction dated 27.04.2019 sent by Sub Divisional Magistrate, Padrauna.
It has been averred in the said instruction that so far as the writ court order is concerned, the same was complied with by the Sub Divisional Magistrate, Padrauna on 16.11.2013 and consequently the affidavit has also been filed on 20.02.2014. It has also been informed that the District Magistrate, Kushinagar vide order dated 25.01.2014 has withdrawn the judicial work of opposite party but at no point of time, the administrative work has been restrained and as such, he was competent enough to pass the order.
In the facts and circumstances, the Court is of the considered opinion that Authority concerned was competent to pass the order dated 16.11.2013 deciding the representation of the applicant/petitioner and moreover the writ court order has been complied with and as such, nothing further survives in the contempt application and the same is accordingly dismissed. However dismissal of the contempt application would not preclude the applicant to agitate his claim before the appropriate forum.
Order Date :- 30.4.2019 A. Pandey