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Allahabad High Court

GIRIJA SHANKAR SHUKLA @ GIRIJA SHANKARversusSHRI DURGESH YADAV, SECY. OF GRAM PANCHAYAT PRATAPGARH

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The petition is dismissed as having become infructuous.

Summary

Girija Shankar Shukla filed a civil contempt application against Shri Durgesh Yadav, Secretary of Gram Panchayat Pratapgarh. The petitioner did not appear before the court, while the State’s standing counsel was present. The court observed that, owing to the passage of time, the petition had become infructuous. Consequently, the notices issued in the proceeding were discharged and the petition was dismissed as infructuous. The petitioner was granted liberty to file a recall application within eight weeks if he believes the cause of action still subsists. The matter was then consigned to the records.

Issues considered

  • Whether the civil contempt petition remains maintainable despite the lapse of time

Subjects

  • civil contempt
  • infructuous
  • petition dismissal
  • recall application
  • High Court of Allahabad

Judgment

                                                             Neutral Citation No. - 2024:AHC-LKO:1465

                                         Court No. - 19

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 2633 of
                                         2023

                                         Applicant :- Girija Shankar Shukla @ Girija Shankar
                                         Opposite Party :- Shri Durgesh Yadav, Secy. Of Gram
                                         Panchayat Pratapgarh
                                         Counsel for Applicant :- Saurabh Kumar
                                         Counsel for Opposite Party :- Rakesh Kumar Yadav

                                         Hon'ble Shree Prakash Singh,J.

                                         1. Case called out. None present for the petitioner.

                                         2. Learned standing counsel for the State is present.

                                         3. It seems that by efflux of time, matter has become
                                         infructuous.

                                         4. Notices are discharged.

                                         5. In view of the aforesaid, the petition is dismissed as having
                                         become infructuous.

                                         6. The petitioner is given liberty to file recall application within
                                         a period of eight weeks, if he feels that the cause of action still
                                         survives.

                                         7. Consigned to records.

                                         Order Date :- 5.1.2024
                                         Mayank




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

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