The court dismissed a contempt application filed by Raj Kumar Singh against Pratap Singh Baghel. The court held that since the order of the writ court dated 05.10.2021 had already been complied with, no cause of action survived for initiating contempt proceedings, leading to the dismissal of the application.
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Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1338 of 2022
Applicant :- Raj Kumar Singh Opposite Party :- Pratap Singh Baghel,Secretary Counsel for Applicant :- Navin Kumar Sharma
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 05.10.2021 passed in Writ Petition No. 447 of 2021.
Today when the matter was taken up, it was informed by Shri Navin Kumar Sharma learned counsel for the applicant that the order passed by the writ Court has already been complied with, therefore, no cause of action remained survive.
In this view of the matter, Court is of the opinion that the order passed by the writ court has been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed.
This order is passed in the presence of Shri Yatindra, learned counsel for the opposite party.
Order Date :- 19.9.2022 Swati
Digitally signed by SWATI PATHAK Date: 2022.09.22 16:20:28 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a contempt proceeding can be maintained when the impugned order of the writ court has been complied with.
Whether there remains a cause of action for contempt after the respondent claims compliance with the underlying judgment.
Raj Kumar Singh
Pratap Singh Baghel
Hans Raj Khurana
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
