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2025 DAILYLAW 159770 (ALL)

ASHOK KUMAR SINGH v. ROHIT SINGH, EXECUTIVE ENGINEER, MADHYANCHAL VITRAN KHAND-2, AMETHI

CAPL/3700/2024 · 2025-02-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7672 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3700 of 2024 Applicant :- Ashok Kumar Singh Opposite Party :- Rohit Singh, Executive Engineer, Madhyanchal Vitran Khand-2, Amethi Counsel for Applicant :- Brijendra Mani Pandey,Himanshu Shukla Counsel for Opposite Party :- Manish Jauhari Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non compliance of the interim order dated 02.05.2024 passed in Writ C No. 3985 of 2024. The relevant extract of the said order is quoted hereinbelow:- "6. This writ petition is disposed of with a direction of the petitioner to approach opposite party no.5/Executive Engineer, Madhyanchal Vidyut Vitran Khand-II, Gauriganj, District Amethi within a week from today. If he approaches the opposite party no. 5 within the time prescribed and completes all formalities, then his case shall be considered by opposite party no.5 and appropriate orders be passed within a period of four weeks thereafter under section 126 of the Electricity Act. 7. For a period of six weeks or a till the decision is taken by opposite party no.5 whichever is earlier, the recovery in pursuance of impugned order shall remain stayed." Learned counsel for the applicant has submitted that despite the direction issued by the writ Court, the representation of the applicant has not been decided by the authorities which amounts to wilful disobedience on the part of the respondent. On the other hand, Sri Manish Jauhari, learned counsel for the respondent has submitted that a compliance afÏdavit has been filed on 05.11.2024 enclosing therein the copy of the order dated 25.10.2024 by which the representation of the applicant has been decided in compliance of the judgment and order dated 02.05.2024 passed by the writ Court. It is further submitted that earlier the liability was Rs. 4,82,027/- and after considering the representation of the applicant, it has been reduced to Rs. 1,44,148/- and till date, no recovery either in pursuance of the earlier order or the order passed on 25.10.2024 has been made from the applicant. It is further submitted that till date, no objection has been filed by the applicant against the compliance afÏdavit filed on 05.11.2024. After hearing the learned counsels for the respective parties and going through the record of the case, it is found that there was a direction for the respondent to pass an appropriate order within a period of four weeks and till the period of six weeks or till the decision is taken, whichever is earlier, the recovery in pursuance of the impugned order shall remain stayed. The judgment and order passed by the writ Court has been complied with as the representation of the applicant has been decided by order dated 25.10.2024 and no recovery has been made from the applicant till date. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is dismissed. Notice issued earlier, stands discharged. Order Date :- 6.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench