Application for contempt dismissed as the opposite party complied with the prior writ court order. Notice discharged. Leave granted to challenge the compliance order if advised.
Contempt application dismissed and notice discharged; applicant leaves open to challenge the opposite party's order before the appropriate forum.
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Neutral Citation No. - 2023:AHC:186617
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2083 of 2023
Applicant :- Bhupendra Singh Opposite Party :- Shweta Sain, Divisional Forest Officer Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 21.09.2021 while disposing off Writ-A No. 12387 of 2021 passed the following order;
"Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Learned Standing Counsel appearing for the fourth respondent states that subject to verification of all facts and contentions on merits being kept open, the claim of the petitioner for being paid minimum in the pay scale based upon the judgement of the Supreme Court in Sabha Shanker Dube Vs. Divisional Forest Officer and Others Civil Appeal No. 10956 of 2018 shall be duly considered and a final decision communicated with expedition and preferably within a period of four months from the date of presentation of a duly authenticated copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above."
From perusal of the order of writ Court it is clear that writ Court had required the opposite party to take final decision in the matter which is pending before him. Further, from perusal of paragraph no. 9 of the compliance affidavit it is clear that opposite party on 11.08.2023 had passed a detailed order, copy of which has been brought on record as annexure No. 2 of the compliance affidavit.
As the order of writ Court has been complied by the opposite party, no case for contempt is made out.
Contempt application stands dismissed.
Contempt notice stands discharged.
File consign to record.
However, leaving it open to the applicant to challenge the order
passed by the opposite party before the appropriate forum, if so advised.
Order Date :- 26.9.2023 Shekhar
Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether there is a case for contempt since the opposite party has complied with the writ court order by passing a detailed decision.
Whether the applicant is permitted to challenge the compliance order before the appropriate forum.
Bhupendra Singh
Shweta Sain
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
