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2025 DAILYLAW 126045 (ALL)

ONKAR NATH MISHRA v. KALPNA DEVI, DISTRICT BASIC EDUCATION OFFICER, BALRAMPUR

CAPL/977/2024 · 2025-02-06

Manish Kumar

Contempt Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7745 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 977 of 2024 Applicant :- Onkar Nath Mishra Opposite Party :- Kalpna Devi, District Basic Education OfÏcer, Balrampur Counsel for Applicant :- Nagendra Bahadur Singh Counsel for Opposite Party :- Rishabh Tripathi Hon'ble Manish Kumar,J. 1. Learned counsel for the applicant has submitted that inadvertently or due to typographical error, the order of some other contempt application has been transcribed in the present case on 04.02.2025, which is quoted below:- "At the very outset, Ms. Harsha Yadav, learned counsel for the applicants has submitted that the judgment and order dated 26.10.2023 passed by the Writ Court in Writ A No. 7474 of 2023 has been complied with and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous. As prayed, the present contempt petition is dismissed as infructuous. Notice issued earlier, if any, stand discharged." 2. It is further submitted that on the last date, few cases of the learned counsel shown in the order dated 04.02.2025 were listed and on her request, the orders were passed and by mistake, the same order has been passed in the present case as well, whereas, this court has actually passed and order for filing the afÏdavit regarding ensuring the payment of annual increment failing which the respondent had to appear for the purposes of framing of charges. 3. Shri Rishabh Tripathi, learned counsel for respondent has very fairly accepted the submission of learned counsel for applicant and has submitted that a compliance afÏdavit is filed today by respondent no. 2 enclosing therein the payment of increment to the applicant as directed by the writ court, which is taken on record. 4. In view of the above, the order dated 04.02.2025 is hereby recalled. 5. Learned counsel for the applicant has very fairly submitted that the judgment and order dated 26.10.2023, passed by the writ court in Writ A No. 7474 of 2023 has been complied with and for all practical purposes, the present contempt application has become infructuous and the same may be dismissed as infructuous. 6. Notice, if any, stands discharged. Order Date :- 6.2.2025/DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench