Allahabad High Court
Jaswant And Another vs Subham Srivastava, Sdm on 29 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 8009 of 2022 Applicant :- Jaswant And Another Opposite Party :- Subham Srivastava, SDM Counsel for Applicant :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra Hon'ble Vikas Budhwar,J.
Heard Sri Ramesh Kumar Mishra, learned counsel for the applicant and Sri Rohit Verma, learned Standing Counsel, who appears for the opposite party.
The present contempt application has been filed alleging non-compliance of the order dated 23.12.2021 passed in Writ-C No.34440 of 2021 (Jaswant & another Vs. State of U.P. and 6 others).
According to learned counsel for the applicant, this is a second contempt petition, as earlier Contempt Petition (civil) No.3377 of 2022, Jaswant and others vs. Arvind Kumar Bind, S.D.M. and others was filed, which came to be disposed off on 08.08.2022.
The order of the Writ-Court, which is being sought to be complied with in the present proceedings requires the respondents herein to decide the application of the writ petitioner / applicant dated 29.09.2021 unless there is legal impediment within the time stipulated therein. On 12.01.2023, this Court issued notices. A compliance affidavit under the signatures of SDM, Phoolpur, Prayagraj sworn on 27.02.2023 has been filed annexing the copy of an order as Annexure-1 at page-8 of the affidavit of compliance, reference whereof has been given in paragraph-7, wherey the application of the petitioner/ applicant dated 29.9.2021 has been decided by a speaking order dated 21.02.2023 in which in the operative portion, which is at page-2 of the said order, a direction was issued to maintain the status quo. Thereafter on 28.02.2023, learned counsel for the applicant/ petitioner sought time to file a reply, however, when the matter was taken up today, again time was sought.
Sri Mishra, learned counsel for the opposite party has fairly stated that though in the order dated 21.02.2023, the status quo was directed to be maintained, but possession of the plot in question has been handed over to the applicant, thus, no grievance remains to be further addressed by this Court.
Considering the submission of the rival parties, as well as the stand taken therein, the present contempt petition has become infructuous, particularly, when there has been compliance of the order of the Court itself.
Accordingly, the writ petition is consigned to record.
Order Date :- 29.3.2023 N.S.Rathour