Dismissed¶14

Smt. Sufia Bano v. Smt. Monika S. Garg Prin. Secy. Minorities Welfar Lko. and Others

Contempt of Courts Act, S.12 – Civil contempt

Allahabad HC24 Sept 2024/2406/2024

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CONTEMPT APPLICATION (CIVIL) No. 2406 of 2024; Smt. Sufia Bano v. Smt. Monika S. Garg, Prin. Secy. Minorities Welfare, Lucknow and Others; Section 12, Contempt of Courts Act; compliance of writ direction in Writ-A No. 829 of 2024 (order dated 06.02.2024); payment of admitted dues after filing of contempt; interest declined vide order dated 16.07.2024; contempt not made out; application dismissed with liberty to approach appropriate forum; Allahabad High Court, Lucknow Bench; Rajeev Singh, J.; decided 24.09.2024; Neutral Citation 2024:AHC-LKO:66448.

What did the court decide?

None; the applicant remains free to ventilate her grievance, if any, before the appropriate forum. ¶14

Smt. Sufia Bano Vs Smt. Monika S. Garg Prin. Secy… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66448

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2406 of 2024

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Applicant :- Smt. Sufia Bano Opposite Party :- Smt. Monika S. Garg Prin. Secy. Minorities Welfar Lko. And Others Counsel for Applicant :- Mohiuddin Khan,Mohd. Yasir Counsel for Opposite Party :- Diwakar Singh

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Hon'ble Rajeev Singh,J.

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Heard Shri Mohiuddin Khan, learned counsel for the applicant, Shri Amrendra Singh, learned Standing Counsel for respondent no. 1 and Shri Diwakar Singh, learned counsel appearing for the respondent no. 2.

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This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 06.02.2024 passed on Writ-A No. 829 of 2024.

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Learned counsel for the applicant submits that as the grievance of the applicant was not being addressed, she filed Writ-A No. 829 of 2024, which was disposed of on 06.02.2024 with the direction to the competent authority to decide the representation within a period of six week from the date of production of a certified copy of the order and, in case, the applicant is found entitled for the benefit, actual payment thereof be also ensured within six weeks thereafter. The respondent was also directed to consider the payment of interest on the delayed payment.

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It is further submitted that as the order of writ Court has not been complied with, the present contempt application was filed and thereafter, the admitted amount was paid to the applicant. However, no order in relation to the interest part, has been passed. It is, thus, submitted that the respondents may be summoned and punished, accordingly.

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Shri Amrendra Singh, learned Standing Counsel for respondent no. 1 and Shri Diwakar Singh, learned counsel

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appearing for the respondent no. 2, on the other hand, referring to the afÏdavit of compliance already filed, inform that the order of writ Court has already been complied with and all the amount has already been paid in the account of the applicant. It is also submitted that prayer of interest is also considered and the same has been declined vide order dated 16.07.2024, copy of which, is also provided to the learned counsel for the applicant.

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A copy of the aforesaid order dated 16.07.2024 provided by the learned counsel for the respondent is taken on record.

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Considering the submissions made by learned counsel for the applicant, Shri Amrendra Singh, learned Standing Counsel as well as learned counsel appearing for the respondent no. 2 and going through the order of writ Court, afÏdavits of compliance as well as order dated 16.07.2024, this Court is of the view that the order of writ Court has already been complied with.

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The application, accordingly, stands dismissed.

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However, it is always open to the applicant to ventilate her grievance, if any, before the appropriate forum.

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Order Date :- 24.9.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Sufia Bano v. Smt. Monika S. Garg Prin. Secy. Minorities Welfar Lko. and Others

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Smt. Sufia Bano v. Smt. Monika S. Garg Prin. Secy. Minorities Welfar Lko. and Others

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