Allahabad High Court
M/S Bharat Construction Company ... vs Arvind Kumar (Ias) & 2 Ors. on 9 July, 2019
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- CONTEMPT No. - 1239 of 2014
Applicant :- M/S Bharat Construction Company Through Proprietor Ghulam Mo
Opposite Party :- Arvind Kumar (Ias) & 2 Ors.
Counsel for Applicant :- Shishir Chandra
Hon'ble Dinesh Kumar Singh,J.
1. This contempt petition has been filed for alleged disobedience/violence of the judgment and order dated 01.07.2013 passed by this Court in Writ Petition No.4591(MB) of 2013 filed by the petitioner.
This Court disposed of the aforesaid writ petition in following terms:-
"Heard learned counsel for parties and perused the pleadings of writ petition.
Learned counsel for parties submit that this writ petition can be disposed of in terms of order dated 15.5.2012 passed in Writ Petition No.3716 (M/B) of 2012 (Majeed Ahmad v. State of U.P. and Others). The said order on reproduction would read as :
"We have heard learned counsel for parties and perused the pleadings of writ petition.
The limited question for consideration is that the petitioner is not being paid for the work he has done under a government contract. Learned counsel for petitioner submitted that representations namely Annexures 1 and 2 submitted way back in 2010 are still pending for consideration.
As there is consensus between learned counsel for parties, we dispose of the writ petition with direction to decide and dispose of aforesaid pending representation within four weeks from the date of receiving a copy of this order and if the amount in question are found undisputed wholly or in part, the same shall be paid accordingly forthwith within a week after disposal of the representation.
Writ petition is, thus disposed of."
Thus, we direct that the petitioner's case be decided in terms of the aforesaid order.
Writ petition stands disposed of accordingly."
2. Pursuant to the notice issued in the present contempt petition an affidavit of compliance of Ms. Neena Gupta, Director General, Family Welfare, Government of U.P. has been filed.
Along with the aforesaid affidavit a copy of decision dated 30.11.2018 taken on the representation of the petitioner has been annexed. Decision has been taken to make payment of undisputed amount of Rs.67,06,974/- to the petitioner.
3. In the judgment and order dated 01.07.2013(supra), there was only a direction to decide the representation of the petitioner which has been disposed of vide decision dated 30.11.2018 by speaking order. Thus, there is no violation/defiance of the judgment and order dated 01.09.2013. However, if the petitioner is dissatisfied with the amount paid to him Rs.67,06,947/-, remedy lies elsewhere and neither in the contempt nor in writ petition. The petitioner may approach competent authority/Court in appropriate proceedings for his grievance, if any.
4. With the aforesaid observation, the contempt petition stands disposed of.
Contempt notice stands discharged.
Order Date :- 9.7.2019
prateek
