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2025 DAILYLAW 197208 (ALL)

JANARDAN DATTA SINGH v. MRS. KRITIKA JYOTSANA DISTT. MAGISTRATE SULTANPUR

CAPL/110/2025 · 2025-11-21

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. - 110 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Applicant has filed objection against the compliance affidavit, which is taken on record. Present contempt application has been preferred against the alleged non- compliance of the judgment and order dated 26.09.2024 passed in Writ A No. 8568 of 2024. The relevant part of the said judgment and order is being reproduced hereinbelow:- "4. By that as it may, since, no decision has been taken by the competent authority in the present case, therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.4 i.e., District Magistrate, Sultanpur ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of ten days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of eight weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith" Learned Standing Counsel has submitted that compliance affidavit has been filed on 07.08.2025 enclosing therewith the copy of the order dated 23.02.2025 passed by the respondent granting pension to the applicant. On the other hand learned Counsel for the applicant has submitted that in place of counting the period of service of the applicant w.e.f. 05.06.1986, it has been counted from the year 2011 and hence there is a disobedience of the judgment and order passed by the Writ Court. Versus Counsel for Applicant(s) : Ashok Kumar Counsel for Opposite Party(s) : Janardan Datta Singh .....Applicant(s) Mrs. Kritika Jyotsana Distt. Magistrate Sultanpur .....Opposite Party(s) After hearing learned counsel for the parties and going through the record of the case, it is found that in the judgment and order dated 26.09.2024, the direction was issued to the respondent to decide the representation of the applicant by passing a detailed and reasoned order, in accordance with law while providing opportunity of hearing to the applicant. From perusal of the order dated 02.03.2025, it is found that it is a detailed and reasoned order by which the pension has been granted to the applicant and if there is any dispute regarding the determination of year whether it should be 1986 or 2011, this Court cannot look into the same as there is no such direction issued by the Writ Court. In view of the facts, circumstances and discussions made hereinabove, the contempt application is dismissed. However, it is always open for the applicant to avail the remedy as may be permissible under the law, if he is still aggrieved. November 21, 2025 Ashish CAPL No. 110 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench