The court dismissed a contempt application as infructuous after the respondent submitted that the underlying matter had already been decided, rendering the petition without basis.
The contempt petition was dismissed on the ground of infructuousness.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1586 of 2022
Applicant :- Ajit Kumar Opposite Party :- Shri Subhash Chand Sharma, Prin. Secy. Deptt. Of Technical Education Civil Secrtt. U.P. Lko. Counsel for Applicant :- Shiv Shankar Singh,Sushil Kumar Singh
Hon'ble Rajeev Singh,J.
On 17.11.2022 the following order was passed which reads as under:
"On 10.10.2022, following order was passed:-
"On 9.9.2022, following order was passed:-
"Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that the order passed by this Court dated 16.02.2022 passed in Writ-A No.762 of 2022 (Ajeet Kumar Vs. State of U.P. & Ors.) has been wilfully defied by the respondents.
Let notice be issued to the opposite party within a week to show cause as to why they should not be punished for wilfull disobedience of the directions of this Court, returnable within two weeks failing which the charges may be framed after summoning the contemnors.
Office is directed to send a copy of this order along with the notice.
List this case on 10.10.2022 as fresh."
Office vide its report dated 22.9.2022 has reported that learned counsel for the applicant has failed to take steps till date, therefore, notice could not be issued.
Learned counsel for the applicant requested for some more time to file steps.
Prayer is allowed.
One week's time is granted to learned counsel for the applicant to file steps.
List this case on 17.11.2022 as fresh."
As per the office report dated 21.10.2022, learned counsel for the applicant again failed to file steps, therefore, notice could not be issued.
Learned counsel for the applicant requested for some time to file steps.
Prayer is allowed.
Let a copy of contempt application be provided to Sri Amrendra Singh, learned Additional Chief Standing Counsel forthwith.
List this case on 13.12.2022 as fresh.
In the meantime, Sri Amrendra Singh, learned A.C.S.C. shall seek written instructions from the Principal Scretary, Department of Technical Education, U.P., Lucknow."
Mr. Amrendra Pratap Singh, learned Standing Counsel appearing for the respondents informs that in pursuance of the direction of the writ Court, the representation of the applicant was considered and decided by the order dated 07.12.2022 by Principal Secretary, Department of Technical Education, U.P. Lucknow, therefore, the contempt petition has lost its efÏcacy and the same may be dismissed.
Considering the aforesaid submissions, the contempt petition is dismissed as having infructuous .
Order Date :- 13.12.2022 KR
(Rajeev Singh,J.)
Digitally signed by RABINDRA KUMAR Date: 2022.12.15 18:08:01 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt application should be dismissed as it has lost its efficacy due to the petitioner's representation having been decided.
Ajit Kumar
Shri Subhash Chand Sharma
Rajeev Singh
As recorded by the court registry
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