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Allahabad High Court

RAM SINGHversusBRIJ MOHAN SHUKLA DIVISIONAL FOREST OFFICER SITAPUR

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The contempt petition is dismissed as having become infructuous.

Summary

Ram Singh filed a civil contempt application against Divisional Forest Officer Brij Mohan Shukla. The petitioner failed to appear before the court, and the standing counsel for the State was the only party present. The court observed that, owing to the passage of time, the contempt petition had become infructuous. Consequently, the petition was dismissed as infructuous and the contempt notices were discharged. The court permitted the petitioner to move an application for recall of the order within eight weeks if the cause of action still subsists.

Issues considered

  • Whether the contempt petition remains maintainable despite the petitioner's non‑appearance and the lapse of time.

Subjects

  • contempt of court
  • infructuous petition
  • procedural delay
  • High Court
  • recall of order

Judgment

                                                            Neutral Citation No. - 2024:AHC-LKO:24166

                                         Court No. - 19

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 1917 of
                                         2021

                                         Applicant :- Ram Singh
                                         Opposite Party :- Brij Mohan Shukla Divisional Forest Officer
                                         Sitapur
                                         Counsel for Applicant :- Ninnie Shrivastava,Mukul Misra

                                         Hon'ble Shree Prakash Singh,J.

                                         1. Case called out.

                                         2. None present for the petitioner, however, learned Standing
                                         Counsel for the State is present.

                                         3. It seems that by the efflux of time, this contempt petition has
                                         become infructuous.

                                         4. Accordingly, the contempt petition is dismissed as having
                                         become infructuous.

                                         5. Contempt notices are hereby discharged.

                                         6. If the petitioner feels that the cause of action still survives, he
                                         may move an application for recall of the order within eight
                                         weeks.

                                         7. Consigned to record.

                                         Order Date :- 19.3.2024
                                         Mayank




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

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