PARVEEN BANO v. DEEPAK KUMAR, ADDL. CHIEF SECY. HOME DEPTT., LKO. AND 2 OTHERS
CAPL/4385/2024 · 2025-02-20
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168820 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10994 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4385 of 2024 Applicant :- Parveen Bano Opposite Party :- Deepak Kumar, Addl. Chief Secy. Home Deptt., Lko. And 2 Others Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis,Sushila Pandey Hon'ble Manish Kumar,J.
1. Sri Prabhu Ranjan, learned counsel for the applicant is reported to be ill.
2. Sri Aditya Verma, holding brief of Sri Prabhu Ranjan, learned counsel for the applicant is present.
3. Respondent no.2 has filed compliance affidavit, which is taken on record.
4. The present application has been filed for non compliance of the order dated 12.07.2024. The relevant extract of the said
judgment is quoted hereinbelow:-
"8. Therefore, considering the rival submissions of the learned counsel for the parties and perusing the material available on record, I do not find any cogent reason to keep this petition pending any longer, hence this writ petition is decided at the admission stage setting aside/quashing the impugned order dated 27.5.2024 passed by the Superintendent of Police, Barabanki (contained as annexure no. 1) on the aforesaid ground, remanding back the same to the same authority to pass a fresh order strictly in accordance with law, by speaking and reasoned order considering the aforesaid facts and grounds so raised by the learned counsel for the petitioner, which have not been disputed by the other side and such decision shall be taken with expedition preferably, within a period of six weeks from the date of receipt of certified copy of this order and thereby, the petitioner would be paid her family pension and other admissible post retiral dues of her late husband Mohd. Fayyum, as has been indicated in the prayer of the writ petition."
5. On the previous date when the case was listed on 17.01.2025, the compliance affidavit was filed by respondent no.2 but after going through the same, it was found that papers were already forwarded to the Finance Controller, U.P. Police Headquarter but from last more than two months, the Finance Controller is sitting over the matter in place of granting approval and on the request of learned State Counsel, three weeks' time was granted
for filing compliance affidavit, in compliance thereof, affidavit of compliance has been filed by the respondent no.2 and after going through the same, it is found that payments were made to the applicant after perusal of pages 10 to 17.
6. In view of the facts and circumstances mentioned hereinabove, the judgment and order passed by the writ court has been complied with and now nothing remains to be adjudicated in the present contempt application and for all practical purposes, the present contempt petition has become infructuous and the same is dismissed as such.
7. Notice, if any, stands discharged.
8. It is always open for the applicant to avail the remedy, if he is aggrieved, as may be permissible under the law.
Order Date :- 20.2.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench