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Allahabad High Court

DEEPENDRA PRAKASH TIWARIversusSMT. KRITIKA JYOTSANA, D.M. SULTANPUR

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

No contempt was found as the claim had already been decided by the competent authority.

Summary

The applicant, Deependra Prakash Tiwari, filed a civil contempt application alleging that the opposite party, District Magistrate Kritika Jyotsana, had failed to comply with a Writ Court order. The opposite party, through Additional Chief Standing Counsel Shri Sunil Bajpai, produced a written instruction signed by the magistrate indicating that the order had already been complied with by deciding the applicant's claim. The court examined the submission and the contents of the contempt petition and found that the claim had indeed been adjudicated by the competent authority. Consequently, the court held that no contempt had been committed. The contempt application was therefore dismissed.

Issues considered

  • Whether the opposite party committed contempt of court by allegedly failing to comply with the Writ Court order

Subjects

  • contempt of court
  • writ jurisdiction
  • compliance
  • dismissal
  • district magistrate

Judgment

                                                           Neutral Citation No. - 2024:AHC-LKO:50142

                                         Court No. - 17

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 2688 of
                                         2024
                                         Applicant :- Deependra Prakash Tiwari
                                         Opposite Party :- Smt. Kritika Jyotsana, D.M. Sultanpur
                                         Counsel for Applicant :- Rama Kant Dixit,Ram Vishal Tripathi

                                         Hon'ble Rajeev Singh,J.

                                         1. Shri Sunil Bajpai, learned Additional Chief Standing Counsel
                                         appearing for opposite party, on the basis of written instructions
                                         duly signed by opposite party- Ms. Kritika Jyotsna, District
                                         Magistrate, Sultanpur, has submitted that the order of Writ
                                         Court has already been complied with by deciding the claim of
                                         the applicant, therefore, the present contempt application may
                                         be dismissed.

                                         2. Copy of the written instruction signed by opposite party- Ms.
                                         Kritika Jyotsna, District Magistrate, Sultanpur, is provided to
                                         the learned counsel for the applicant.

                                         3. Considering the submission of learned Additional Chief
                                         Standing Counsel as well as contents of contempt application,
                                         it is evident that claim of the applicant has already been decided
                                         by the competent authority, therefore, no contempt is made out
                                         against the opposite party.

                                         4. Accordingly, the present contempt application is hereby
                                         dismissed.

                                         5. Consigned to record.

                                         Order Date :- 24.7.2024

                                         V. Sinha




Digitally signed by :-
VAISHALI SINHA
High Court of Judicature at Allahabad,
Lucknow Bench


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