Contempt application filed for punishing disobedience of a Writ Court order directing a decision on a claim. The Court observed that the order, though rejecting representation, amounted to compliance.
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Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1974 of 2019
Applicant :- Seema Dubey Opposite Party :- Rajendra Singh, District Basic Education Officer Counsel for Applicant :- Amar Nath Pandey Counsel for Opposite Party :- Mrigraj Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant and Sri Mrigraj Singh, learned counsel appearing for the opposite party perused the affidavit filed in support of this application.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 23.1.2018 passed by the Writ Court in Writ A No. 2809 of 2018 (Seema Dubey vs. State of U.P. and others). The operative portion of the said order is quoted as under:
" Consequently, with the consent of parties, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, the writ petition is disposed of by issuing a direction upon the District Basic Education Officer, Jaunpur to decide the claim of petitioner strictly in accordance with law after providing opportunity of hearing to the Committee of Management of the institution in question within a period of two months from the date of communication of this order."
An affidavit of compliance has been filed annexing therewith copy of the order dated 23.4.2019 passed by the opposite party whereby representation of the applicant has been rejected.
In such view of the matter, this Court is of the opinion that the order of the Writ Court has been complied and no further orders are required.
Application is consigned to record.
Order Date :- 29.4.2019 Lalit Shukla
Seema Dubey
Vivek Kumar Birla
As recorded by the court registry
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