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2025 DAILYLAW 179815 (ALL)

DEVI BUX MISHRA v. NEHA SHARMA, DISTT. MAGISTRATE GONDA AND 2 OTHERS

CAPL/1934/2025 · 2025-11-06

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1934 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Case has been called out in the revised list. Shri Ashish Kumar Singh, one of the learned counsels for the applicant is reported to be ill whereas Shri Pankaj Kumar Tiwari and Shri Satish Kumar Pandey, other counsels representing the applicant are neither present nor any request has been made on their behalf for adjournment of the case. On the other hand, Shri Krishna Madhav Shukla, learned counsel for the respondent no. 3 and learned Standing Counsel representing the respondent nos. 1 and 2 have submitted that the present contempt proceedings has become infructuous as the judgment and order of the Writ Court has been complied with and implemented. After hearing learned counsel for the parties and going through the record of the case, it is found that on 17.04.2025, an order has been passed in the Writ Petition, which is quoted hereinbelow:- "Sri Rajeiu Kumar Tripathi, learned counsel for the petitioner and Sri Pankaj Khare, learned Additional Chief Standing Counsel for State- respondents are present. Instructions placed before us are taken on record. Sri Pankaj Khare, learned Additional Chief Standing Counsel has pointed out that no permission whatsoever has been granted by the competent authority for organizing the two months long exhibition in the school premises either by DIOS or any district authorities. The district authorities are, accordingly, directed to ensure compliance of Government Order dated Versus Counsel for Applicant(s) : Ashish Kumar Singh, Pankaj Kumar Tiwari, Satish Kumar Pandey Counsel for Opposite Party(s) : Krishna Madhav Shukla Devi Bux Mishra .....Applicant(s) Neha Sharma, Distt. Magistrate Gonda And 2 Others .....Opposite Party(s) 29.09.2012 contained in Annexure No.3 to the instant P.I.L. during the academic session and the cultural activity, if any, may only be permitted during the course of vacations only. List/put up on 07.05.2025 as fresh." The order dated 17.04.2025 further modified by order dated 15.05.2025 of this Court, which is quoted hereinbelow:- "(C.M. Application No.IA/4 of 2025 : Correction Application) This is an application for correction of the order dated 17.04.2025. In so far as reference to the Government Order dated 29.09.2012 is concerned, it is averred in the application for correction that the petitioner, as a matter of fact, has placed reliance upon the subsequent Government Order dated 06.06.2023, whereunder the previous Government Orders on the subject were superseded. The correction sought in the order dated 17.04.2025 appears to be just and there is no objection by the opposite parties to this correction. The opposite parties have also sought modification of the order dated 17.04.2025 on such a premise by means of C.M. Application No. IA/3 of 2025. Accordingly, reference to the Government Order dated 29.09.2012 contained in Annexure No. 3 be read as Government Order dated 06.06.2023 as contained in Annexure No. 7 to the writ petition and the decision may accordingly be taken. The application for correction as well as the modification application are disposed of. " From perusal of the aforequoted orders, it is found that the writ petition was filed for grant of permission for organizing the two months long exhibition in the school premises and this Court has directed the D.I.O.S. to decide the application of the applicant in light of the Government Order dated 06.06.2023 wherein in clause 3 provides as under:- "(3) िवǯालय मȅ अवकाश िदवस को वैवािहक एवं अęय उĕसवȋ हेतु िवǯालय Šांगण (Ōीíा ĥथल को छोíकर) को िकराये पर िदया जा सके गा ।" In the compliance affidavit filed by the respondent no. 3 an order dated 02.01.2025 has been enclosed whereby the permission for holding the two months long exhibition since 15.03.2025 to 15.05.2025 was granted and now, we are in November, 2025 so the permission was granted and exhibition must have been over on 15.05.2025. CAPL No. 1934 of 2025 2 In view of the discussion made hereinabove, the present contempt application is dismissed as infructuous. November 6, 2025 Ashish CAPL No. 1934 of 2025 3 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench