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2025 DAILYLAW 120055 (ALL)

M/S SANIYA CONSTRUCTIONS, LUCKNOW THRU. PROPRIETOR MOHD. ILYAS QURESHI AND ANOTHER v. DR. RATAN PAL SINGH SUMAN, DIRECTOR GENERAL, MEDICAL AND HEALTH SERVICES LKO. AND ANOTHER

CAPL/261/2025 · 2025-03-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14835 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 261 of 2025 Applicant :- M/S Saniya Constructions, Lucknow Thru. Proprietor Mohd. Ilyas Qureshi And Another Opposite Party :- Dr. Ratan Pal Singh Suman, Director General, Medical And Health Services Lko. And Another Counsel for Applicant :- Gyanendra Nath,Vijay Kumar Srivastava Hon'ble Manish Kumar,J. Short counter affidavit has been filed by Respondent No.2, which is taken on record. Learned Standing Counsel has submitted that no such letter dated 6.2.2024, counter signed by the Chief Medical Superintendent has ever been submitted before the Respondent No.2 / deponent, hence there is no question of willful or intentional disobedience of the judgement and order passed by the writ court. It is further submitted that the matter of the applicant has finally been decided by the Director General, Medical and Health Services i.e. Respondent No.1 by passing order dated 29.01.2025, copy of which has been enclosed as Annexure A-2 to the short counter affidavit. On the other hand learned counsel for the applicant has submitted that the Chief Medical Superintendent had forwarded the letter dated 6.2.2024 to the Respondent No.2, for which the direction was issued by the writ court to take decision on the same. On being asked to show that the letter dated 6.2.2024 was ever forwarded and received to the Respondent No.2, the learned counsel for the applicant had drawn the attention of this Court to several letters enclosed alongwith the contempt application but unable to show that the letter dated 6.2.2024 was ever forwarded or placed before the Respondent No.2. Once there is no letter dated 6.2.2024 as alleged to be forwarded by the Chief Medical Superintendent was ever served upon the Respondent No.2 then there is no question for taking decision in the light of said letter as directed by the writ court. In view of the above, the present contempt application has no merits and is accordingly dismissed. The notice, if any, issued against the respondents is hereby discharged. Order Date :- 11.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench