Allahabad High Court
AMITA TRIPATHIversusSRI DEEPAK KUMAR, PRIN. SECY. DEPTT. OF BASIC EDU., GOV. OF U.P, LKO. AND OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SAURABH LAVANIA
Holding
Since the order dated 27‑10‑2021 had been complied with, no contempt of court was established.
Summary
Amita Tripathi filed a civil contempt application (No. 199 of 2022) alleging that the order dated 27‑10‑2021 passed by the writ court had not been complied with by the respondents, including Sri Deepak Kumar, Principal Secretary, Department of Basic Education, Government of U.P. The respondents, through counsel, produced a copy of a subsequent order dated 20‑3‑2023 indicating that the earlier order had been fully complied with. The High Court examined the evidence and found that the compliance was satisfactorily demonstrated. Consequently, the court held that no contempt of court could be established against the respondents. The court discharged the notices and dismissed the contempt petition. It further allowed the applicant the option to file a revival application if dissatisfied with the decision.
Issues considered
- Whether the respondents' alleged non‑compliance with the order dated 27‑10‑2021 amounts to contempt of court
Subjects
- contempt of court
- compliance
- civil contempt
- revival application
- High Court
Judgment
Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 199 of
2022
Applicant :- Amita Tripathi
Opposite Party :- Sri Deepak Kumar, Prin. Secy. Deptt. Of
Basic Edu., Gov. Of U.P, Lko. And Others
Counsel for Applicant :- Prem Shanker Pandey
Counsel for Opposite Party :- Ran Vijay Singh
Hon'ble Shree Prakash Singh,J.
Sri Jyoti Prakash, Advocate, holding brief of Sri Ranj Vijay
Singh, learned counsel for the opposite party has placed the
copy of the order dated 20.3.2023 and submitted that the order
dated 27.10.2021 passed by the writ Court has been complied
with.
The copy of the aforesaid order dated 20.3.2023 is taken on
record and that shall be part of the record.
In view of the aforesaid, no contempt is made out.
Notices are discharged.
Hence, contempt petition is dismissed.
Consigned to the records.
However, it is open to the applicant that if he feels aggrieved,
he may move revival application in the instant contempt
application.
Order Date :- 12.2.2024
Ram Murti
Digitally signed by :-
RAM MURTI YADAV
High Court of Judicature at Allahabad,
Lucknow Bench
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