Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4482 of 2018 Applicant :- Rajesh Kumar Srivastava Opposite Party :- Chhedi Lal Sonker, S.D.O.
Counsel for Applicant :- Awdhesh Narayan Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of order dated 28.8.2017 in Writ A No. 38874 of 2017 whereby, the writ petition was filed by the applicant was disposed of with direction to the third respondent to the writ proceedings to pass appropriate orders on the claim of the applicant within a period of four months from the date of receipt of certified copy of the order.
The applicant had earlier filed Contempt Application No. 1998 of 2018 alleging disobedience of the direction issued by the writ Court. The said contempt application was disposed of by the following order : -
"Sri P.K. Giri, the learned Additional Chief Standing Counsel states that the claim of the applicant has been duly attended to and disposed of on merits in light of an order dated 16 April 2018.
In view of the above, nothing further survives on this petition, which shall stand disposed of.
It is however clarified that in case the applicant has any further pending claims or issues arising out of the order dated 16 April 2018, it shall be open to him to ventilate the same by initiating appropriate proceedings."
Counsel for the applicant placing reliance on an order passed on 19.4.2018 by Sub-Divisional Officer, Ghosi, Mau disposing of his representation tried to contend that since payment has not been made and therefore, the opposite party is in wilful disobedience of the order of the writ Court. He further contends that while disposing of earlier contempt application, it was made open to the applicant to ventilate his grievance in appropriate proceedings, consequently, second contempt application would be maintainable.
This Court is not inclined to accept the submission of learned counsel for the applicant. Since decision has already been taken on the representation of the applicant, and thus, order of the writ Court has been complied with. When the earlier contempt application was disposed of leaving it open to the applicant to ventilate his grievance in appropriate proceedings, the Court never meant that the applicant would be entitled to file a second contempt application.
Accordingly, this Court is not inclined to entertain the instant petition, but as observed earlier by this Court, it shall be open to the applicant to ventilate his grievance in appropriate proceedings, if so advised.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 13.9.2018 AM/-