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Neutral Citation No. - 2025:AHC-LKO:13575 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 379 of 2025 Applicant :- Preetu Mishra Opposite Party :- Nand Kumar, A.R.T.O. Sultanpur Counsel for Applicant :- Udai Pratap Lal Hon'ble Manish Kumar,J.
1. The present contempt application has been preferred for alleged noncompliance of the judgement and order dated 2.5.2023 passed in Writ- C No. 3550 of 2023. The relevant extract of the judgement is quoted herein below:-
"Copy of the earlier communications have been handed over to Sri Vinod Mishra, learned counsel for the petitioner, who may advise the petitioner appropriately to submit the application in the prescribed format. If the same is submitted, the Competent Authority i.e. the opposite party no. 2 shall take a decision in the matter as per law but with promptness say within a period of one month from the date of receipt of such application. Writ petition is disposed of."
2. Then another writ petition was filed Writ C No. 11282 of 2024, in which on 9.1.2025 the order / judgement has been passed. The relevant extract of the judgement is quoted herein below:-
"Copy of the earlier communications have been handed over to Sri Vinod Mishra, learned counsel for the petitioner, who may advise the petitioner appropriately to submit the application in the prescribed format. If the same is submitted, the Competent Authority i.e. the opposite party no. 2 shall take a decision in the matter as per law but with promptness say within a period of one month from the date of receipt of such application. Writ petition is disposed of."
3. The petitioner may approach the higher authority or avail any other remedy.
4. The petition is dismissed."
3. The respondent has filed a compliance affidavit which is taken on record enclosing therein the order dated 14.6.2023 passed in compliance of the judgement and order dated
2.5.2023.
4. Learned Counsel for the State has submitted as far as the
judgment and order dated 9.1.2025 is concerned wherein the Court has given liberty to the applicant to move an application in the prescribed format and if the same is submitted the direction was issued to decide the same and with the said observation the writ petition was dismissed. Along with the present contempt application, the applicant has not enclosed the application in the prescribed format as directed by the Writ Court.
5. On being asked from the learned counsel for the applicant whether any application in the prescribed format has been given by the applicant as directed by the Writ Court, he has shown his inability to reply the query and also failed to show the application in the prescribed format.
6. Under these circumstances, the applicant who has failed to comply the order/ judgment of the Writ Court which he had to comply then there is no occasion for proceedings against the officers under the Contempt of Courts Act.
7. In view of the facts and circumstances discussed above, the contempt application is hereby dismissed.
Order Date :- 5.3.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench