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2025 DAILYLAW 187965 (ALL)

ARPAN SANSHTHAN REGD. OFFICE AT C-13/1-A AURANGABAD THRU. TREASURER ITS AUTHO. RAJESH KUMAR SINGH v. HARSHITA MATHUR, DISTT. MAGISTRATE RAIBAREILY

/4084/2025 · 2025-12-12

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4084 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 06.06.2025 and modified order dated 27.08.2025. The relevant paragraph of the modified order dated 27.08.2025 is quoted hereinbelow:- "4. On a reading of the order dated 06.06.2025 itself it is implicit therein which we now make explicit that once a decision is taken by the opposite party No.1 to provide the funds to the District Magistrate then the District Magistrate would be obliged to pay the same to the persons to whom it is due as is already mentioned therein unless there is any legal impediment in which case, the petitioner shall be informed in writing, however, at this stage, Shri Raj Kumar Singh, learned Counsel for the Union of India says that a decision has already been taken by opposite party No.1 that whatever the funds were released at the relevant time are the only funds which were available as the scheme has come to an end. This decision has been communicated to the petitioner also." Learned counsel for the applicant has submitted that mainly the contempt application has been preferred against the alleged non compliance of modified order dated 27.08.2025. It is further submitted that despite the direction for payment of thirteen months' dues to the applicant for operating one special Training Centre Deeh, Podhai, District Raebareli under the National Child Labour Project (NCLP), Govt. of India, no payment has been paid to the applicant. It is further submitted that the funds are available with the District Magistrate but he is not making payment. On being asked from the learned counsel for the applicant as to what are the materials which have been placed along with the instant contempt application Versus Counsel for Applicant(s) : Satish Kumar Srivastava Counsel for Opposite Party(s) : Arpan Sanshthan Regd. Office At C-13/1-A Aurangabad Thru. Treasurer Its Autho. Rajesh Kumar Singh .....Applicant(s) Harshita Mathur, Distt. Magistrate Raibareily .....Opposite Party(s) to show that the funds are available with the District Magistrate, learned counsel for the applicant is unable to show the same. From perusal of the order passed in the writ petition, it is found that there was no direction for making payment to the applicant. The direction was that the respondent i.e. Union of India shall take a decision to provide funds to the District Magistrate then the District Magistrate would be obliged to pay the same to the persons to whom it is due and in the same order, it has further been mentioned that the Counsel for Union of India has informed the Court that the decision has already been taken by the Union of India that whatever the funds were released at the relevant time are the only funds which were available as the Scheme has come to an end. The direction of the writ Court was that after the decision, the funds would be provided by the Union of India, then the District Magistrate would disburse the same and in the same order, the decision of Union of India is also referred and thereafter, no direction has been issued by the writ Court for payment, as contended by the learned counsel for the applicant. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merits, hence dismissed. Notice, if any, stands discharged. December 12, 2025 Nitesh CAPL No. 4084 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench