SYED MOHAMMAD KHAN AND 10 OTHERS v. SMT. MONIKA S. GARG POSTED PRIN. SECY. MINORITY WELFARE DEPTT. LKO. AND 4 OTHERS
CAPL/955/2025 · 2025-05-21
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131704 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:30284 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 955 of 2025 Applicant :- Syed Mohammad Khan And 10 Others Opposite Party :- Smt. Monika S. Garg Posted Prin. Secy. Minority Welfare Deptt. Lko. And 4 Others Counsel for Applicant :- Pawan Kumar Pandey,Kuldeep Hon'ble Rajeev Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record.
2. Heard learned counsel for the applicants.
3. The present application has been filed with the prayer to summon and punish the opposite parties for willful and deliberate defiance of order dated 21.10.2024 passed by the Writ Court in Writ C No.8790 of 2024; Syed Mohammad Khan and 10 Ors. Vs. State of UP and Ors.
4. Learned counsel for the applicants submits that single hand operation order was passed by District Minority Welfare Officer on 30.09.2023 which was challenged by opposite party no.5 before this Court but no interim order was passed, and thereafter, the said petition was withdrawn by the opposite party no.5, thereafter, District Minority Welfare Officer passed an
order dated 27.08.2024, by which, the singe hand operation
order dated 30.09.2023 was kept in abeyance and the aforesaid
order dated 27.08.2024 was challenged by the applicant which was stayed by the Writ Court on 21.10.2024. He further submits that the opposite parties are being treated as members of the Managing Committee, therefore, authorities are committing the contempt and for the aforesaid act, they should be summoned and punished accordingly.
5. Considering the order passed by Writ Court on 21.10.2024, there is no restraint order in relation to the opposite parties. As the order, which is being violated as stated by the applicants, cannot be examine by adding any material. In such circumstances, the no contempt is made out against the opposite parties.
6. Accordingly, the present application is hereby dismissed.
7. However, it is open to the applicant to take appropriate remedy in accordance with law.
Order Date :- 21.5.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench