Allahabad High Court
Shiv Poojan Ram vs Sri Debashish Panda, Principal ... on 5 March, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1597 of 2020 Applicant :- Shiv Poojan Ram Opposite Party :- Sri Debashish Panda, Principal Secretary, Finance Government Of U.P. Counsel for Applicant :- Parvez Iqbal Ansari Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 3.7.2015 passed in Writ A No.33907 of 2015 filed by the applicant, the Court directed as under:
"The Division Bench of this Court has taken a view that the Court should not be used as a Machine to expedite the matter pending before the administrative or quasi judicial authorities.
The writ petition is disposed of leaving it open to the petitioner to make an application before the authority concerned to expedite the matter."
Once the said order was not complied with then the applicant again approached this Court by preferring Contempt Application (Civil) No.3731 of 2019 and the same was disposed of on 31.5.2019 with following observation:-
"The Court has proceeded to examine the record in question and finds that no contempt is made out against the opposite party under Section 12 of the Contempt of Court Act. However, it is always open to the applicant to press the application before the authority concerned for expediting the matter.
The contempt application stands disposed of. Notices, if any, stand discharged."
The Court has proceeded to peruse the record in question and finds that while disposing of the earlier contempt application the Court had clearly proceeded to observe that no contempt is made out against the opposite party under Section 12 of the Contempt of Courts Act, 1971. However, leave was accorded to the applicant to press the application before the authority concerned for expediting the matter.
In the aforesaid facts and circumstances, the second contempt is not maintainable and the same is, accordingly, dismissed.
Order Date :- 5.3.2020 RKP