Dismissed¶¶13

Onkar Nath Mishra v. Kalpna Devi, District Basic Education Officer, Balrampur

Allahabad HC6 Feb 2025CAPL/977/2024

Case brief

AI extract

What is this about?

Recall of erroneous order dated 04.02.2025 passed in Contempt Application (Civil) No. 977 of 2024 due to transcription/typographical error importing another contempt application's order; compliance affidavit by respondent no. 2 evidencing payment of annual increment directed by Writ Court order dated 26.10.2023 in Writ A No. 7474 of 2023; contempt application dismissed as infructuous; notice discharged; Onkar Nath Mishra v. Kalpna Devi, District Basic Education Officer, Balrampur; Manish Kumar, J.; 2025:AHC-LKO:7745; order dated 06.02.2025.

What did the court decide?

Order dated 04.02.2025 recalled; contempt application dismissed as infructuous upon compliance with the writ court's order dated 26.10.2023 in Writ A No. 7474 of 2023; notice, if any, discharged. ¶¶13

Onkar Nath Mishra Vs Kalpna Devi, District Basic Education Officer, Balrampur — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 04.02.2025 recalled; contempt application dismissed as infructuous upon compliance with the writ court's order dated 26.10.2023 in Writ A No. 7474 of 2023; notice, if any, discharged.

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Issue for consideration

Whether the order dated 04.02.2025, passed in this contempt application owing to inadvertent/typographical transcription of the order of another contempt application, should be recalled. +1 more

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Court's answer

The order dated 04.02.2025 passed in this contempt application is recalled, it having been passed by mistake/inadvertence with the order of another contempt application transcribed therein.

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Ratio / Principle

A compliance affidavit filed by respondent no. 2, enclosing therein the payment of increment to the applicant as directed by the writ court, is taken on record.

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Key takeaways

With the writ court's judgment and order dated 26.10.2023 in Writ A No. 7474 of 2023 complied with (as fairly submitted by counsel and evidenced by the compliance affidavit taken on record), the present contempt application stands dismissed as infructuous. (Inferred: the only operative sentences are the recall of the 04.02.2025 order and discharge of notice; no standalone dismissal sentence appears.)ratio¶¶12
Notice, if any, issued in the contempt application stands discharged.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 17), Neutral Citation 2025:AHC-LKO:7745 — Contempt Application (Civil) No. 977 of 2024, Onkar Nath Mishra v. Kalpna Devi, District Basic Education Officer, Balrampur; Hon'ble Manish Kumar, J.; order dated 06.02.2025. The Court recalled its order dated 04.02.2025, which had been passed in the present case by inadvertence/typographical error, the order of another contempt application having been transcribed therein. Counsel for the opposite party filed a compliance affidavit enclosing payment of the increment payable to the applicant as directed by the Writ Court's judgment and order dated 26.10.2023 in Writ A No. 7474 of 2023; the affidavit was taken on record. With the writ court's order complied with, the contempt application became infructuous and stood dismissed as infructuous, and notice, if any, stands discharged.

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Neutral Citation No. - 2025:AHC-LKO:7745

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 977 of 2024 Applicant :- Onkar Nath Mishra Opposite Party :- Kalpna Devi, District Basic Education Officer, Balrampur

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Counsel for Applicant :- Nagendra Bahadur Singh Counsel for Opposite Party :- Rishabh Tripathi

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Hon'ble Manish Kumar,J.

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Learned counsel for the applicant has submitted that inadvertently or due to typographical error, the order of some other contempt application has been transcribed in the present case on 04.02.2025, which is quoted below:-

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"At the very outset, Ms. Harsha Yadav, learned counsel for the applicants has submitted that the judgment and order dated 26.10.2023 passed by the Writ Court in Writ A No. 7474 of 2023 has been complied with and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous.

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As prayed, the present contempt petition is dismissed as infructuous. Notice issued earlier, if any, stand discharged."

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It is further submitted that on the last date, few cases of the learned counsel shown in the order dated 04.02.2025 were listed and on her request, the orders were passed and by mistake, the same order has been passed in the present case as well, whereas, this court has actually passed and order for filing the affidavit regarding ensuring the payment of annual increment failing which the respondent had to appear for the purposes of framing of charges.

¶10

Shri Rishabh Tripathi, learned counsel for respondent has very fairly accepted the submission of learned counsel for applicant and has submitted that a compliance affidavit is filed today by respondent no. 2 enclosing therein the payment of increment to the applicant as directed by the writ court, which is taken on record.

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In view of the above, the order dated 04.02.2025 is hereby recalled.

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Learned counsel for the applicant has very fairly submitted that the judgment and order dated 26.10.2023, passed by the writ court in Writ A No. 7474 of 2023 has been complied with and for all practical purposes, the present contempt application has become infructuous and the same may be dismissed as infructuous.

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Notice, if any, stands discharged.

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Order Date :- 6.2.2025/DiVYa

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

Onkar Nath Mishra v. Kalpna Devi, District Basic Education Officer, Balrampur

Case brief

What is this about?

What did the court decide?

Onkar Nath Mishra v. Kalpna Devi, District Basic Education Officer, Balrampur

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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