Allahabad High Court
RAM BAHADUR SINGHversusSUDHIR GARG , PRINCIPAL SECRETARY ,DEPARTMENT OF REVENUE AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is dismissed as infructuous because the writ order has been complied with.
Summary
The High Court, while disposing of Writ‑A No. 29389 of 2017, directed the opposite party to decide the applicant's grievance regarding the second promotional pay scale for the post of Tehsildar. The opposite party filed a compliance affidavit on 22‑08‑2023 stating that a decision was taken on 16‑08‑2023, and attached the order as annexure. The Court observed that the writ order was limited to deciding the grievance, which had now been complied with, rendering the contempt application moot. Consequently, the contempt application was dismissed and the contempt notice discharged. The Court, however, left the applicant free to challenge the 16‑08‑2023 order before the appropriate forum if desired.
Issues considered
- Whether the contempt application is maintainable after the opposite party has complied with the writ order.
Subjects
- contempt of court
- writ jurisdiction
- promotional pay scale
- Tehsildar
- compliance affidavit
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5305 of 2023
Ram Bahadur Singh
.....Applicant(s)
Versus
Sudhir Garg , Principal Secretary ,Department Of
Revenue And 3 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Anwar Hussain, Suryaprakash Sharma
Counsel for Opposite Party(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 31.01.2023 while disposing of Writ-A No. 29389 of
2017 had required the opposite party to decide the grievance of the
applicant with regard to second promotional pay scale of the post of
Tehsildar.
2. In the compliance affidavit filed on 22.08.2023, in para no. 6, it has
been stated that decision has been taken by authorities on 16.08.2023,
copies of which has been appended as annexure-1 to compliance affidavit.
3. In view of said fact, as the order of writ Court was only to the extent to
decide the grievance of the applicant which the authorities have done, the
contempt application is rendered infructuous and stands dismissed.
4. Contempt notice stands discharged.
5. However, leaving it open to the applicant to assail the order dated
16.08.2023 passed by opposite party before appropriate forum, if so
advised.
(Rohit Ranjan Agarwal,J.)
April 20, 2026
(V.S.SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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