The High Court held that a contempt application was infructuous as the order impugned was already under challenge in the writ court. Consequently, the application was dismissed and the contempt notice discharged.
The contempt application was dismissed and the contempt notice was discharged.
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Neutral Citation No. - 2023:AHC:178673
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 8033 of 2022
Applicant :- Renu Singh Opposite Party :- Doctor Sarika Mohan, Director Counsel for Applicant :- Kaushal Kishore Mani
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri K.K.Mani, learned counsel for the applicant and learned Standing Counsel for the State.
The applicant before this Court Renu Singh had filed Writ -A No.29764 of 2003. The said writ petition was dismissed in the year 2019, however leaving it open to the applicant to move a representation before the authorities for taking decision in regard to unfilled vacancy, which were still available and had not been filled.
Pursuant to the order of the writ Court, the opposite party on 23.12.2022 had decided the representation, copy of which has been brought on record as Annexure 1 to the compliance affidavit filed by the State on 21.03.2023. The order passed by the opposite party on 23.12.2022 was put to challenge by the applicant through Writ A No.1545 of 2023.
As the order was passed by the opposite party is already under challenge before the writ Court, the contempt application has rendered infructuous and stands dismissed leaving it open to the applicant to pursue the remedy which is available to him.
Contempt notice stands discharged.
Order Date :- 15.9.2023 Kushal
Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the contempt application has been made infructuous by the pendency of a writ challenge against the impugned order.
What relief is to be granted in view of the infructuous nature of the contempt application.
Renu Singh
Doctor Sarika Mohan
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
