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Allahabad High Court

JUGUL KISHOREversusSRI RAJ KUMAR PANDIT BASIC SHIKSHA ADHIKARI AMETHI DISTT. AM

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The contempt application was dismissed for want of prosecution.

Summary

The applicant, Jugul Kishore, filed a civil contempt application (No. 627 of 2017) before the Allahabad High Court seeking to enforce a notice that matters listed as 'These matters shall not be adjourned' must be decided in the first round without revision. The court had posted a notice outside the courtroom emphasizing this requirement. On the scheduled date, the applicant's counsel was absent and no request for adjournment was made on his behalf. The court observed that without any prosecution or representation, the contempt application could not proceed. Consequently, the court dismissed the contempt application for want of prosecution and discharged any notice that might have been issued.

Issues considered

  • Whether a contempt application can be entertained in the absence of the applicant's counsel and without any request for adjournment.
  • Whether the procedural requirement of prosecution is essential for the continuation of a contempt proceeding.

Subjects

  • contempt of court
  • adjournment
  • procedural default
  • court notice
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                                CONTEMPT APPLICATION (CIVIL) No. - 627 of 2017

                                     Jugul Kishore
                                                                                            .....Applicant(s)
                                                                      Versus

                                     Sri Raj Kumar Pandit Basic Shiksha Adhikari
                                     Amethi Distt. Am                                           .....Opposite
                                                                                                      Party(s)

                                     Counsel for Applicant(s)      : Anjani Kumar Dvivedi, Mahendra
                                                                     Bahadur Singh, Raj Kumar Singh
                                     Counsel for Opposite Party(s) : Shailendra Singh Rajawat, Prashant
                                                                     Arora

                                    Court No. - 8
                                                        HON'BLE MANISH KUMAR, J.

                                    Case has been called out.

                                    The present case is listed under the heading "These matters shall not be
                                    adjourned".

                                    A notice has been pasted outside the Court room prescribing that the
                                    matters listed under the heading "These matters shall not be adjourned"
                                    shall not be revised and appropriate orders shall be passed in the first
                                    round itself.

                                    Neither the learned counsel for the applicant is present nor any request
                                    has been made on his behalf for adjournment of the case.

                                    In view of the above, the contempt application is dismissed for want of
                                    prosecution.

                                    Notice issued, if any, stands discharged.


                                                                                        (Manish Kumar,J.)
                                    October 17, 2025
                                    Ashish




Digitally signed by :-
ASHISH MISHRA
High Court of Judicature at Allahabad,
Lucknow Bench


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