HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4213 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non-compliance of the judgment and order of the Writ Court dated 10.12.2024 passed in Writ A No. 11842 of 2024. The relevant excerpts of the said judgment and order is being reproduced hereinbelow:- "4. Considering the facts and circumstances of the case, this writ petition is disposed of with direction to respondent no.2 to decide the representation of the petitioner dated 21.10.2024 strictly in accordance with law within a period of six weeks from the date of production of certified copy of this order. Petitioner is directed to annex the photo copy of the representation dated 21.10.2024 alongwith certified copy of this order." Learned counsel for the applicant has submitted that this is the second contempt application arising out of the same judgment and order dated 10.12.2024 passed in the Writ Petition. He has further submitted that the earlier Contempt Application bearing no. 665 of 2025 was dismissed after the filing of the compliance affidavit therein though the copy of the order passed in earlier contempt application has not been enclosed with the present contempt application but the same has been provided to this Court during the course of argument, which is taken on record. The said judgment and order is being reproduced hereinbelow:- "1. Affidavit of compliance filed by Shri Sunil Bajpai, learned Additional Chief Standing Counsel duly sworn in by opposite party- Dr. Mahendra Dev Singh, Director, Secondary Education, Lucknow is taken on record. He submits that order of Writ Court has already been complied with, therefore, the present contempt Versus Counsel for Applicant(s) : Jitendra Singh Counsel for Opposite Party(s) : Suresh Chandra .....Applicant(s) Dr. Mahendra Dev Singh Director Secondary Education U.P. Lko. .....Opposite Party(s) application may be dismissed. 2. Learned counsel for the applicant does not dispute on the contents of affidavit of compliance. 3. Considering the submission of counsel for the parties as well as contents of affidavit of compliance filed today, it is evident that the order of Writ Court has already been complied with, therefore, no contempt is made out against the opposite party. 4. Accordingly, the present contempt application is hereby dismissed. 5. Consigned to record." It is further submitted that alongwith compliance affidavit, an order dated 16.04.2025 was enclosed to establish that the judgment and order passed in the Writ Petition has been complied with but till date the same has not been implemented by the authorities, hence, the respondent is liable to be punished under the provisions of Contempt of Courts Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is found that the Writ Court has directed to take a decision on the representation of the applicant and the decision has already been taken by the respondents by passing an order dated 16.04.2025 on the representation of the applicant. Copy of which has been enclosed as annexure no. 2 to the present contempt application. In pursuance thereof, the earlier contempt application filed by the applicant was dismissed and in the said order, it has been mentioned that " Learned counsel for the applicant does not dispute on the contents of affidavit of compliance". The Writ Court has only directed for taking decision on the representation of the applicant thereafter no further order or direction was issued by the Writ Court so in case, the order passed by the Director is not being complied with by the sub-ordinate officer, then the present contempt application being second contempt application does not lie or maintainable particularly when the earlier contempt application was dismissed when the counsel for the applicant did not dispute the compliance affidavit. In view of the aforesaid, the present contempt application is misconceived and dismissed, accordingly. It is, however, open to the applicant to avail the remedy in the matter as may be permissible under the law. December 19, 2025 Ashish CAPL No. 4213 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench