Sanjay Kumar Chaurasiya and Others vs Dr. Om Prakash Chaudhary, Chief Medical Officer. Distt. Sultanpur — Allahabad HC (2025) — LawSathi Research

Sanjay Kumar Chaurasiya and Others vs Dr. Om Prakash Chaudhary, Chief Medical Officer. Distt. Sultanpur — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: learned counsel for the applicant permitted to file reply to the affidavit of compliance, and the case listed in the 2nd week of July, 2025 within top 10 cases; no final determination made on the compliance claim or discharge of contempt.

Issue for consideration

Whether the order passed by the writ court has been complied with by the opposite party (Chief Medical Officer, Sultanpur), as contended through the affidavit of compliance.

Court's answer

The learned Standing Counsel placed before the Court an affidavit of compliance duly sworn by the respondent, which records that the order of the writ Court has been complied with by issuing a formal order on 03.05.2025.

Key takeaways

The Court took the affidavit of compliance on record.¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Court No. 17 — CONTEMPT APPLICATION (CIVIL) No. 2279 of 2024 — Applicant: Sanjay Kumar Chaurasiya and others (counsel: Vikas Yadav, Shivam Srivastava, Subhash Pandey) — Opposite Party: Dr. Om Prakash Chaudhary, Chief Medical Officer, Distt. Sultanpur, in whose place, upon transfer, Sri Bharat Bhushan, Chief Medical Officer, district Sultanpur, was permitted to be impleaded as opposite party no. 2 (order dated 17.04.2025, which also directed filing of an affidavit of compliance) — Hon'ble Rajeev Singh, Judge — Order dated 27.05.2025: none appeared for the applicant; learned Standing Counsel (Shri Aniruddh Singh) placed affidavit of compliance duly sworn by the respondent stating that the order of the writ Court has been complied with by issuing formal order on 03.05.2025; affidavit taken on record; applicant permitted to file reply to the affidavit of compliance; case listed in the 2nd week of July, 2025 within top 10 cases. Compliance representation remains subject to verification; no final view expressed on discharge of contempt. (Earlier, on 12.05.2025, opposite party no. 2 was absent and the affidavit of compliance had not been filed.)

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2279 of 2024

Applicant :- Sanjay Kumar Chaurasiya And Others Opposite Party :- Dr. Om Prakash Chaudhary, Chief Medical Officer. Distt. Sultanpur Counsel for Applicant :- Vikas Yadav,Shivam Srivastava,Subhash Pandey

Hon'ble Rajeev Singh,J.

Case called out. None appears on behalf of the applicant.

On 12.05.2025, following order was passed.

"On 17.04.2025, the following order was passed:

"1. Learned counsel for applicants submitted that opposite party has been transferred and in his place Sri Bharat Bhushan, Chief Medical Officer, district Sultanpur has joined therefore he may be permitted to implead him as opposite party no.2.

Learned counsel for applicants is permitted to implead Sri Bharat Bhushan, Chief Medical Officer, district Sultanpur as opposite party no.2.

Sri Anirudddha Singh, learned Standing Counsel, has placed before this Court written instruction dated 13.04.2025 duly signed by Chief Medical Officer, Sultanpur. The aforesaid written instruction is taken on record.

Learned counsel for applicants submitted that till today, the order of the writ court has not been complied with nor the agreement is placed before this Court.

List this case on 12.05.2025. In the meantime, the opposite party no.2 is directed to file affidavit of compliance, failing which he shall appear before this Court on the next date of listing. "

Today, neither the opposite party No. 2- Mr. Bharat Bhushan, Chief Medical Officer, District- Sultanpur is present, nor the affidavit of compliance has been filed on his behalf.

Mr. Mohit Jauhari, learned Standing Counsel has requested that he has received instruction in the present contempt application that in this case order has already been complied with. He further requested for some time to ensure the compliance of the order dated 17.04.2025 passed by this Court.

Accordingly, list this case on 27.05.2025 at 11:30 a.m. in terms of order dated 17.04.2025 passed by this Court."

Shri Aniruddh Singh, learned Standing Counsel, while placing affidavit of compliance duly sworn by the respondent, submits that the order of writ Court has been complied with by issuing formal order on 03.05.2025.

The affidavit of compliance is taken on record.

List in the 2nd week of July, 2025 within top 10 cases.

In the meantime, learned counsel for the applicant may file reply to the affidavit of compliance.

Order Date :- 27.5.2025 VKS

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