Mohd. Fahad v. DURGA SHAKTI NAGPAL, DISTT. MAGISTRATE LAKHIMPUR KHERI AND ORS.
CAPL/4643/2024 · 2025-10-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181783 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181783 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4643 of 2024 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 18.01.2022 passed by the writ Court, whereby the suspension order has been stayed by this Court vide its interim order dated 10.08.2021.
Learned counsel for the applicant has submitted that the respondent no. 3 was not permitting him to open the meat shop, though he had made representation to the respondent no. 3. The Court issued notice to the respondent no. 3 vide its order dated
10.12.2024. Learned Standing Counsel on the basis of the instructions received from the present S.H.O has submitted that respondent no. 3 (Manmod Tiwari) was never ever posted at PS- Palia, District Lakhimpur Kheri. At this stage, learned counsel for the applicant has submitted that by mistake, it could be possible that some wrong person has been made party. Learned Standing Counsel further pointed out that the suspension order dated 10.08.2021 was passed by the Designated Officer (Abhihit Adhikari), District Lakhimpur Kheri but he was neither served with the copy of the order passed by the High Court nor made party in the present contempt application. In reply, learned counsel for the applicant has submitted that the suspension
order was passed by the District Magistrate as it has been mentioned in the
order passed by the High Court. After perusal of Annexure No. 1 i.e. the suspension order dated 10.08.2021, it is found that the suspension order was passed by the Designated Officer (Abhihit Adhikari), District Lakhimpur Kheri not by the District Magistrate to which the learned counsel for the applicant is unable to dispute the same. In view of the discussion made hereinabove, the present contempt application is mis-conceived and is accordingly dismissed. Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash, Kubra Fatima Counsel for Opposite Party(s) :
Mohd. Fahad .....Applicant(s) Durga Shakti Nagpal, Distt. Magistrate Lakhimpur Kheri And Ors. .....Opposite Party(s)
Notice, if any, stands discharged. October 29, 2025 Nitesh CAPL No. 4643 of 2024 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench