Allahabad High Court
ARUN KUMAR SINGH and ORS.versusSRI RAVINDRA KUMAR DISTRICT MAGISTRATE UNNAO and ORS.
- Decided
- Disposal
- DISMISSED AS INFRUCTUOUS
- Bench
- MANISH KUMAR
Holding
The contempt petition is dismissed as infructuous.
Summary
The petitioners filed a civil contempt application (No. 1893 of 2020) against the District Magistrate, Unnao and others. At the hearing on 10 January 2024, no petitioner appeared, though the State’s standing counsel was present. The Court observed that the passage of time had rendered the contempt petition infructuous. Accordingly, the Court dismissed the petition as having become infructuous and discharged the contempt notices. The Court directed that, if the petitioners still consider the cause of action alive, they may file an application for recall of the order within eight weeks.
Issues considered
- Whether a civil contempt petition that remains unpresented for an extended period becomes infructuous
- Whether the Court may dismiss such a petition on the ground of infructuity
Subjects
- civil contempt
- infructuous petition
- procedural lapse
- High Court of Allahabad
- District Magistrate
- contempt notices
Judgment
Neutral Citation No. - 2024:AHC-LKO:2931
Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1893 of
2020
Applicant :- Arun Kumar Singh And Ors.
Opposite Party :- Sri Ravindra Kumar District Magistrate
Unnao And Ors.
Counsel for Applicant :- Farooqahmad,Rahmatullah Khan
Counsel for Opposite Party :- Varun Pandey
Hon'ble Shree Prakash Singh,J.
Case called out.
None present for the petitioner, however, learned Standing
Counsel for the State is present.
It seems that by the efflux of time, this contempt petition has
become infructuous.
Accordingly, the contempt petition is dismissed as having
become infructuous.
Contempt notices are hereby discharged.
If the petitioner feels that the cause of action still survives, he
may move an application for recall of the order within eight
weeks.
Consigned to record.
Order Date :- 10.1.2024
Mayank
Digitally signed by :-
MAYANK PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
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