Shri Dr. Vinod Kumar Sharma vs Krishna Pratap Singh
2021 Latest Caselaw 9223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 475 of 2021
 

 
Appellant :- Shri Dr. Vinod Kumar Sharma
 
Respondent :- Krishna Pratap Singh
 
Counsel for Appellant :- Gopal Chandra Saxena
 
Counsel for Respondent :- J.P. Singh
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Subhash Chandra Sharma,J.

Order on Civil Misc. Exemption Application No.1 of 2021

Exemption application is allowed.

The appellant is exempted from filing the certified copy of the order dated 19.03.2021 passed in Contempt Application No.2096 of 2019 (Krishna Pratap Singh Vs. Dr. V.K. Sharma, District Inspector of Schools, Azamgarh).

Order on Special Appeal

This appeal has been preferred against the interim order dated 19.03.2021 in a contempt petition. The contempt petition was filed when the interim order passed by learned Single Judge was not complied. After filing of the contempt petition, as alleged by the non-appellant, an application to seek vacation of the interim order was filed. That has not yet been decided and in the contempt petition, a direction has been given for framing of the charges.

It is not in dispute that writ petition is yet to be decided on merit, thus, the better course suggested by both the parties is to issue direction to the Registry to get the writ petition listed before the appropriate Bench at the earliest so that it may be decided finally and subject to the outcome of the writ petition, the non-appellant petitioner in the contempt may take a decision to continue the contempt petition or to file a fresh or even to withdraw it, in case the final judgment goes against them.

Accordingly, the Registry is directed to list the Writ Petition No.1364 of 2019 & Writ Petition No.23442 of 2018 (Krishna Pratap Singh vs. State of U.P. & others) before the appropriate Bench on 09.08.2021 in first ten cases. Both the parties have agreed to argue the case finally on the aforesaid date.

The issue about maintainability of the appeal is not being addressed otherwise, the learned counsel for the appellant has made a reference of the judgment of the Hon'ble Apex Court dated 08.12.2020 wherein similar situation has been considered and decided by the Hon'ble Apex Court with a direction that unless the application for vacation of the stay order is decided, a case for initiation of the contempt is not made out.

The appeal is disposed of with the aforesaid, however, by setting aside the order impugned herein dated 19.03.2021 passed by the learned Single Judge in Contempt Application (C) No.2096 of 2019 (Krishna Pratap Singh Vs. Dr. V.K. Sharma, District Inspector of Schools, Azamgarh).

The Registry is directed to list the Writ Petition No.1364 of 2019 and Writ Petition No.23442 of 2018 (Krishna Pratap Singh Vs. State of U.P. & others) on the date fixed above. The court, hearing contempt petition, would take note of this order before proceeding further.

Order Date :- 2.8.2021

Ashok Gupta

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(Subhash Chandra Sharma,J.) (Munishwar Nath Bhandari, ACJ)