Contempt application dismissal argued counsel for opposite party noting writ order was set aside on revision rendering undertaking void leading to discharge of notices with contempt application dismissed order dismissed
Notices are discharged and the contempt petition is dismissed.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 40 of 2022
Applicant :- Anil Kumar And Others Opposite Party :- Dr, Ravindra Kumar Tomar, Dir, Horti, And Food, Pro, Sapru, Marg-2 Haz, Lko 1 Other Counsel for Applicant :- Ankit Pande Counsel for Opposite Party :- Vinod Kumar Shukla
Hon'ble Shree Prakash Singh,J.
Sri Vinod Kumar Shukla, learned counsel for the opposite party nos. 1 and 2 submits that the order passed in Writ Petition No.20475 (S/S) of 2018, was assailed in Special Appeal Defective No.1 of 2023, wherein, the order has been passed on 4.1.2023, whereby the special appeal has been allowed while setting aside the order passed by the learned Single Judge and further the matter was remitted back to the learned Single Judge to decide the matter afresh.
Adding his arguments, he submits that once the order passed by the writ Court has been set aside then any undertaking given in the writ petition will have no bearing in the matter.
In view of the aforesaid, no contempt is made out.
Notices are discharged.
Hence, contempt petition is dismissed .
Consigned to the records.
Order Date :- 12.2.2024 Ram Murti
Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an undertaking given in a writ petition has legal bearing after the writ order is set aside on revision.
Anil Kumar And Others
Shree Prakash Singh
As recorded by the court registry
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