Disposed

Sudeep Shukla and Others v. Sri Partha Sarthi Sen Sharma, Prin. Secy. Deptt. of Medical, Health and Family Welfare, Lko.

Allahabad HC16 Jul 2024CAPL/1433/2024

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What is this about?

Contempt application over non-compliance with a writ court direction granting weightage to applicants. The opposite party sought discharge of the contempt notice after rejecting the claim afresh and filing a special appeal. The court rejected the discharge request and directed compliance.

What did the court decide?

Discharge of contempt notice rejected; fresh affidavit of compliance demanded by 16.07.2024, failing which personal appearance before the court.

Sudeep Shukla and Others vs Sri Partha Sarthi Sen… — Contempt of Court | Allahabad HC (2024)

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Court No. - 8

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1433 of 2024

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Applicant :- Sudeep Shukla And Others Opposite Party :- Sri Partha Sarthi Sen Sharma, Prin. Secy. Deptt. Of Medical, Health And Family Welfare, Lko. Counsel for Applicant :- Alok Mishra

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Hon'ble Rajeev Singh,J.

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As per the office report dated 17.05.2024, notice has already been served on the opposite party.

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Today, the application for discharge of contempt notice is filed by Shri Shailendra Singh, learned Chief Standing Counsel assisted by Shri Tushar Verma, learned Additional Chief Standing Counsel duly sworn in by opposite party, namely, Partha Sarthi Sen Sharma, Principal Secretary, Department of Medical Health & Family Welfare, Civil Secretariat, Government of U.P., Lucknow. The same is taken on record.

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Shri Shailendra Singh, learned Chief Standing Counsel submits that after considering all the relevant facts, earlier decision was revisited and the claim of the applicants was rejected vide office order dated 25.05.2024 on the ground that it is not a fit case for extending benefit of judgment passed in the case of Seema Singh and Ors. Vs. State of U.P. and Ors in Writ Petition No.190 (S/S) of 2013. He further submits that the decision of this Court in Review Petition (D) No.560/2023 dated 21.10.2013 was not placed before the Writ Court. However, he does not dispute this fact that no review was filed before the Writ Court. He also submits that special appeal against the order of Writ Court is under preparation and the same will be filed by tomorrow and will come up after vacation in the month of July, 2024, therefore, contempt proceedings may be dropped.

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Considering the submission of learned Chief Standing Counsel, contents of contempt application as well as office order dated 25.05.2024, it is undisputed fact between the parties that no review was filed before the Writ Court. However, the special leave is being filed against the order of Writ Court. As there is a clear direction of Writ Court for providing weightage to the applicants, even then, the claim of the applicants has been rejected by the opposite party vide office order dated 25.05.2024. In such circumstances, the request for discharge of contempt notice is hereby rejected.

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List this case on 16.07.2024 within top ten cases.

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On the next date, fresh affidavit of compliance be filed by opposite party, failing which, he shall appear in person before this Court.

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Order Date :- 30.5.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Sudeep Shukla and Others v. Sri Partha Sarthi Sen Sharma, Prin. Secy. Deptt. of Medical, Health and Family Welfare, Lko.

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Sudeep Shukla and Others v. Sri Partha Sarthi Sen Sharma, Prin. Secy. Deptt. of Medical, Health and Family Welfare, Lko.

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