Dismissed

Smt. Durga Devi @ Rama Devi Shukla v. Akhilesh Pratap Singh Distt. Basic Education Officer Distt. Sitapur

Allahabad HC19 Nov 2024CAPL/4400/2024

Case brief

AI extract

What is this about?

In a contempt application alleging non-compliance of a prior order directing the filing of a fresh representation, the single judge dismissed the petition because the applicant failed to press the matter after moving a fresh representation.

What did the court decide?

contempt application dismissed under reserved instruction that liberty can be availed only in accordance with law.

Smt. Durga Devi @ Rama Devi Shukla vs Akhilesh Pratap Singh Distt. Basic Education Officer Distt. Sitapur — Allahabad HC (2024) — LawSathi Research

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4400 of 2024

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Applicant :- Smt. Durga Devi @ Rama Devi Shukla Opposite Party :- Akhilesh Pratap Singh Distt. Basic Education Officer Distt. Sitapur Counsel for Applicant :- Ramesh Chandra

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Hon'ble Rajnish Kumar,J.

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Heard.

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This application has been filed alleging non compliance of the order dated 30.05.2024 passed in Writ A No.4332 of 2024 by means of which this Court had granted liberty to the applicant to file fresh representation before the opposite party no.3 i.e. District Basic Education Officer, District- Sitapur, who shall consider and decide the same within a period of six weeks in the light of directions issued by this Court in the case of Janki Devi (Supra).

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Learned counsel for the applicant submits that the representation has been moved on 08.09.2024, a copy of which has been placed on record as annexure no.3.

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Perusal of the representation indicates that the applicant has mentioned that this Court has directed for payment of interest on gratuity by means of the order dated 08.07.2024 and prayed for the payment of the same, whereas there is no such direction and no representation has been made raising his grievance disclosing factual aspects.

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In view of above, since the liberty granted by this Court has not been availed by the applicant and misleading statement has been made in the representation, therefore, the question of willful and deliberate disobedience has not arisen.

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At this stage, learned counsel for the applicant submits that the application may be dismissed as not pressed with liberty to file fresh after moving a fresh representation in terms of the order passed by this Court.

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The application is dismissed as not pressed with liberty as aforesaid which can be availed only in accordance with law.

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...................................................................(Rajnish Kumar, J.) Order Date :- 19.11.2024 / Haseen U.

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

Smt. Durga Devi @ Rama Devi Shukla v. Akhilesh Pratap Singh Distt. Basic Education Officer Distt. Sitapur

Case brief

What is this about?

What did the court decide?

Smt. Durga Devi @ Rama Devi Shukla v. Akhilesh Pratap Singh Distt. Basic Education Officer Distt. Sitapur

Case brief

What is this about?

What did the court decide?

What the court decided

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