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2025 DAILYLAW 168511 (ALL)

BAJRANG BAHADUR LAL SRIVASTAVA v. SANDEEP KUMAR SINGH, THE CHIEF ENGINEER U.P. JAL NIGAM LKO. AND ANOTHER

/4349/2024 · 2025-01-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1081 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4349 of 2024 Applicant :- Bajrang Bahadur Lal Srivastava Opposite Party :- Sandeep Kumar Singh, The Chief Engineer U.P. Jal Nigam Lko. And Another Counsel for Applicant :- Savita Jain Hon'ble Manish Kumar,J. Heard Smt. Savita Jain, learned counsel for the applicant and Shri Risabh Kapoor, learned counsel respondents. Present contempt petition has been preferred for alleged disobedience and non-compliance of the judgment and order dated 06.11.2023 passed by Writ Court in Writ A No. 14986 of 2017. The relevant portion of the said judgment and order is being reproduced hereinbelow:- "In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent no.7 then respondent no.7 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of four weeks from the date of submission of the representation along with certified copy of this order. With the aforesaid direction, writ petition is disposed of. It is also provided that admissible dues shall also be paid to the petitioner during the aforesaid time. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner." Shri Rishabh Kapoor, learned counsel for the respondents has submitted that the judgment and order dated 06.11.2023 has already been complied with by the respondent no. 1 by passing order dated 04.01.2025. A copy of which has already been forwarded to the applicant. On the other hand, learned counsel for the applicant has submitted that though the representation of the applicant has been decided by reasoned and speaking order, as directed by the Writ Court but it has wrongly been decided. After arguing at some length, learned counsel for the applicant has submitted that for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous with liberty to the applicant to challenge the decision taken by the respondent on the representation of the applicant by filing a writ petition. As prayed, the present case is dismissed as infructous. Notice issued, if any, is hereby discharged. It is always open for the applicant to avail the remedy, as may be permissible under the law. Order Date :- 7.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench