Allahabad High Court
GIRIJA SHANKAR SHUKLA @ GIRIJA SHANKARversusSHRI DURGESH YADAV, SECY. OF GRAM PANCHAYAT PRATAPGARH
- Decided
- Disposal
- DISMISSED AS INFRUCTUOUS
- Bench
- MANISH KUMAR
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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