Dismissed

Baldau Singh @ Kuldeep Singh v. Shri T Vaikteshwar, Principal Secretary Irrigation Department U.P. Government at Lucknow

Allahabad HC4 Aug 2021CAPL/554/2021

Case brief

AI extract

What is this about?

This contempt application sought to initiate proceedings for wilful disobedience of a writ order directing an authority to act on a representation. The respondent filed a compliance affidavit stating the order was complied with via an order dated 12.04.2021. The court dismissed the application as infructuous based on the affidavit.

What did the court decide?

Contempt application dismissed as infructuous.

Baldau Singh @ Kuldeep Singh Vs Shri T Vaikteshwar… — Contempt of Court | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 554 of 2021

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Applicant :- Baldau Singh @ Kuldeep Singh Opposite Party :- Shri T Vaikteshwar, Principal Secretary Irrigation Department U.P. Government At Lucknow Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- S.C.

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Hon'ble Prakash Padia,J.

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The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 26/09/2019 passed in Writ C No.31337 of 2019 Baldau Singh @ Kuldeep Singh Vs. Principal Secretary Irrigation Department U.P. Government and 3 Others). The operative portion of the order is reproduced hereinbelow :-

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"Having heard learned counsel for the parties present and perused the material brought on record, we find that the issue whether the petitioner is entitled to benefit claimed by him under the Act of 2013, is a question which deserves to be first addressed by the authority concerned which in the present case, is the respondent no. 1 and since the petitioner has already approached the respondent no. 1 by filing a representation before him on 29.07.2019 (Annexure No. 5) and the same is still pending, without expressing any opinion on the merits of the case, we dispose of this writ petition with a direction to the respondent no. 1 to pass appropriate order on the petitioner's representation dated 29.07.2019 within a period of two months from the date of filing of certified copy of this order before him.

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The petitioner, along with certified copy of this order, may also file copy of the representation dated 29.07.2019 (Annexure No. 5) before the respondent no. 1."

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Today when the matter is taken up, an affidavit of compliance has been filed by Shri Prashant Singh Atal, counsel for the opposite party. It is stated in paragraph-5 of the compliance affidavit that the order passed by the writ court has already been complied with vide order dated 12.04.2021, therefore, no cause of action remained survive.

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In view of the same, the present contempt application is dismissed as infructuous.

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Order Date :- 4.8.2021

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Swati

Baldau Singh @ Kuldeep Singh v. Shri T Vaikteshwar, Principal Secretary Irrigation Department U.P. Government at Lucknow

Case brief

What is this about?

What did the court decide?

Baldau Singh @ Kuldeep Singh v. Shri T Vaikteshwar, Principal Secretary Irrigation Department U.P. Government at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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