Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1187 of 2021 Applicant :- Sudhakar Kumar Opposite Party :- Shri Himanshu Shekhar Thakur, District Panchayatraj Officer Counsel for Applicant :- Suresh Singh Counsel for Opposite Party :- Praveen Kumar Giri
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 order dated 27.01.2020 passed in Writ A No.1278 of 2020 (Sudhakar Kumar Vs. State of U.P. and Others). The order is reproduced hereinbelow -
"The petitioner claims that he is entitled to be appointed on account of death of his father namely, Lal Mohan, who was working as Safaikarmi in Nagar Panchayat- Bhiti Rawat, District Gorakhpur and died on 19.10.2019. The petitioner claims that he is entitled to be appointed under the dying-in-harness rules, for which a representation has already been filed by the petitioner, on which no decision has been taken till date.
In view of the facts argued before this Court, the present petition is disposed off granting liberty to the petitioner to file a fresh representation within a period of two weeks from today along with a certified copy of this order before the respondent no. 3, who shall take a decision thereupon in accordance with the applicable rules and pass a reasoned order expeditiously, preferably within a period of two months from the date of production of certified copy of this order.
It is clarified that this Court has not gone into the merits of the claim of the petitioner, which shall be considered by the respondent no. 3 in accordance with law."
Today when the matter is taken up, an affidavit of compliance has been filed by Shri K. R. Singh, learned counsel for the opposite party, the same is taken on record. In paragraph-12 of the aforesaid affidavit it is stated that in compliance of the judgment and order dated 27.01.2020 passed by Writ Court the entire material available on record and also after considering all aspects of the matter, the representation of the applicant was decide by passing a reasoned and speaking order vide order dated 03.06.2021, the copy of the same is appended as Annexure-4 to the affidavit of compliance. Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Swati