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Allahabad High Court

RAM PRAKASHversusSHRI RAJESH KUMAR PANDEY DISTRICT MAGISTRATE / COLLECTOR JALAUN AT ORAI

Decided

Holding

The contempt application is dismissed because the applicant failed to serve notice and showed no interest in prosecuting the suit.

Summary

Ram Prakash filed a civil contempt application (No. 760 of 2025) against District Magistrate/Collector Rajesh Kumar Pandey. The applicant’s counsel, Rajiv Kumar Tripathi, was listed but did not appear before the court. The court’s office report indicated that the applicant had not taken any steps to serve notice on the opposite party. The judge observed that the applicant appeared to have lost interest in prosecuting the contempt proceeding. Consequently, the court dismissed the contempt application.

Issues considered

  • Whether the contempt application can proceed when the applicant has failed to serve notice on the opposite party
  • Whether the court may dismiss a contempt proceeding on account of the applicant’s lack of interest in prosecution

Subjects

  • civil contempt
  • service of notice
  • procedural default
  • dismissal
  • high court

Judgment

                                                                                      Neutral Citation No. - 2025:AHC:36674


                                        Court No. - 1

                                        Case :- CONTEMPT APPLICATION (CIVIL) No. - 760 of 2025

                                        Applicant :- Ram Prakash
                                        Opposite Party :- Shri Rajesh Kumar Pandey District Magistrate / Collector
                                        Jalaun At Orai
                                        Counsel for Applicant :- Rajiv Kumar Tripathi

                                        Hon'ble Salil Kumar Rai,J.

                                        List has been revised. No one appears for the applicant.

                                        The office report notes that no steps were taken by the applicant
                                        for service of notice on the opposite party.

                                        It appears that the applicant has no interest in prosecuting the
                                        contempt application.

                                        The application is dismissed.

                                        Order Date :- 12.3.2025
                                        Vipasha




Digitally signed by :-
VIPASHA MUKHERJEE
High Court of Judicature at Allahabad


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