In a contempt application, the single judge held that the respondent's issuance of a reasoned and speaking order regarding a representation satisfied a writ court direction, rendering the contempt petition infructuous and dismissible.
Contempt application dismissed; notice discharged.
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Neutral Citation No. - 2024:AHC-LKO:71372
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3430 of 2024 Applicant :- Rajesh Kumar Tiwari Opposite Party :- G.S. Priyadarshi, Secy. Rural Development Lko. Counsel for Applicant :- Narayan Datt Tiwari
Hon'ble Manish Kumar,J.
Learned Standing Counsel on the basis of the instruction received from the respondent has submitted that in compliance of the judgement and order dated 18.04.2024 passed by the writ court, the representation of the petitioner has been decided by order dated 15.09.2024, copy of which has been forwarded to the applicant and photocopy of the same has been provided to the learned counsel for the applicant.
It is further submitted that after the compliance of the order dated 18.04.2024 the present contempt petition has become infructuous and is liable to be dismissed.
On the other hand learned counsel for the applicant has submitted that the judgement and order dated 18.04.2024 passed by the writ court has not been complied with as the representation of the applicant/ petitioner has been rejected instead of allowing the same, but the submission of learned counsel for the applicant is not acceptable as this Court has not issued any such direction either to reject or allow the representation of the petitioner and the only direction was to take decision on the representation of the petitioner by passing reasoned and speaking order. For convenience the relevant para of the order is quoted hereinbelow:
" In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent no.1 then the respondent no.1 shall endevour to decide the same by means of a reasoned and speaking order within a further period of three months from the date of receipt of a certified copy of this order along with representation."
The order passed by the respondent is reasoned and speaking, hence the present contempt application has become infructuous and accordingly dismissed.
The notice, if any, issued against the respondent is hereby discharged.
Order Date :- 23.10.2024/S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the contempt application became infructuous upon the issuance of a reasoned and speaking order by the respondent.
Whether the direction to take a decision on the representation implies a mandatory instruction to allow the same.
Rajesh Kumar Tiwari
G.S. Priyadarshi
Manish Kumar
As recorded by the court registry
3 orders share this CNR
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