Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3677 of 2016 Applicant :- Smt. Shisti Devi Opposite Party :- Sri Ram Kumar Singh And 5 Others Counsel for Applicant :- Pradip Kumar Srivastava Counsel for Opposite Party :- Arvind Srivastava,Pushkar Srivastava
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 judgement and order dated 03.03.2011 passed in Writ Petition No.12748 of 2011 (Sri Ram Kumar Singh and another Vs. U.P. Awas Evam Vikash Parishad Lucknow and others). The operative portion of the order is reproduced hereinbelow :-
"Sri. A.P. Srivastava, Advocate has accepted notice on behalf of the respondent nos. 1 and 2 and Sri Arun Kumar Singh has accepted notice on behalf of the respondent no. 4 to 8.
Issue notice to respondent no.3.
Each one of the respondent is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List after eight weeks.
It has been contended on behalf of the petitioners that in the present case Arbitrator has rejected the claim of the respondent nos. 4 to 8 in a proceeding under Section 70 of U.P. Cooperative Societies Act, 1965. Petitioners submit that thereafter belated appeal after three years and five months have been filed and same has been allowed without considering the grievance of the petitioner as raised. Prima facie arguments advanced, requires consideration by this court.
Consequently, till the next date of listing, parties to the dispute are directed to maintain status-quo on the spot as it exists today."
It is admitted between the parties that aforesaid writ petition has already been dismissed as having become infructuous vide order dated 29.4.2019. The order dated 29.4.2019 is reproduced hereinbelow :-
"In the daily cause list of Court No. 41, following notices are printed:-
"1. The cases listed under the heading 'Old Cases' shall not be adjourned.
2. Learned counsels are requested to mark as "S" against those cases of daily cause list which are still surviving. Remaining cases against which "S" has not been marked, shall be taken up at 3.30 P.M. and appropriate order shall be passed in 1st call (except Wednesday)."
Case has been called out. Counsel for both parties are not present and also "S" has not been marked against the present case. Learned Standing Counsel is present. It appears that by efflux of time, the present writ petition has become infructuous.
Accordingly, the writ petition is dismissed as infructuous.
However, if anything still survives, it is open for the petitioner to move recall application."
In this view of the matter, Court is of the opinion that no contempt whatsoever has been made in so far as the order passed by the writ Court is concerned specially in view of the fact that writ petition has already been dismissed vide order dated 29.04.2019.
Accordingly, present contempt application is dismissed.
Order Date :- 19.8.2021 Pramod Tripathi