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2025 DAILYLAW 167906 (ALL)

M/S BHARDWAJ CONSTRUCTIONS, THRU. ITS AUTHORIZED REPRESENTATIVE SRI. ALOK MANI v. SRI R.B. SINGH, CHIEF ENGINEER, P.W.D., BASTI

CAPL/3856/2023 · 2025-03-03

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12628 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3856 of 2023 Applicant :- M/S Bhardwaj Constructions, Thru. Its Authorized Representative Sri. Alok Mani Opposite Party :- Sri R.B. Singh, Chief Engineer, P.W.D., Basti Counsel for Applicant :- Vaibhav Krishna,Dr. Pooja Singh Counsel for Opposite Party :- Prabhat Kumar Upadhyay,Vireandra Kumar Pandey Hon'ble Manish Kumar,J. In compliance of the order dated 10.01.2025, the report has been placed before this Court. Seen the report. The officials who are responsible have given the undertaking that in future they will be more cautious and this mistake will not be repeated. After perusal of report, the officers who are looking after the work shall be more careful in future. Heard. The present contempt application has been preferred for alleged non-compliance of the judgement and order dated 07.02.2023 passed in Writ-Tax No.32 of 2023, the relevant extract is quoted hereinbelow: "4. This petition is disposed of with a direction to the petitioner to make a fresh representation to the respondent no.2 who shall seek a clarification from the Engineer-in-Chief and the respondent no. 1 and then decide the representation of the petitioner by a reasoned and speaking order within a period of two months from the date of making of such representation. " Sri R.B. Singh, Chief Engineer, Public Works Department - Respondent is present and has filed compliance affidavit on his behalf enclosing therein the order dated 15.02.2025 i.e. the decision taken on the representation of the applicant in pursuance of judgement and order passed by the writ court. It is further submitted that the respondent has already retired on 31.01.2024 but in pursuance of the notice issued he has filed the compliance affidavit after obtaining the copy of the order deciding the representation of the applicant. Learned counsel for the applicant has very fairly submitted that in compliance of the judgment and order dated 07.02.2023 passed by writ court, the representation of the applicant has been decided and for all practical purposes, the present contempt application has become infructuous but disputed the reasons taken while deciding the representation of the applicant and prays that the present contempt application may be dismissed as infructuous with liberty to the applicant that if the applicant has still any grievance, he may challenge the same before the appropriate court. As such, the present contempt application is dismissed as infructuous. Notice issued earlier, if any, stand discharged. The applicant is at liberty to challenge if he has any grievance, as may be permissible under the law. Order Date :- 3.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench