Abhishek @ Rajan And 2 Others vs Sri Mohd. Shafkat Kamal, Vice ...
2021 Latest Caselaw 9236 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4897 of 2020
 

 
Applicant :- Abhishek @ Rajan And 2 Others
 
Opposite Party :- Sri Mohd. Shafkat Kamal, Vice President
 
Counsel for Applicant :- Subodh Kumar Rai,Anil Kumar Yadav,Ram Krishna Mishra
 
Counsel for Opposite Party :- Bhupeshwar Dayal
 

 
Hon'ble Prakash Padia,J.

Impleadment application filed today is taken on record.

Heard learned counsel for the applicants and Sri Bhupeshwar Dayal, learned counsel for the opposite party.

The applicants have preferred the present contempt application for non-compliance of the final judgment and order dated 17.03.2020 passed in Writ -C No. 8739 of 2020 (Abhishek @ Rajan And 2 Others vs. Bulandshahr Development Authority and 4 others). The order dated 17.03.2020 is reproduced herein below:-

"The sole grievance of the petitioners is that the respondent nos. 4 & 5 are utilizing a residential plot as an entry path to a residential complex which is in contravention of applicable rules and the lay out carved by the Bulandshahar Development Authority, Bulandshahar.

Before approaching this Court, the petitioners submitted several representations to the competent authorities of Bulandshahar Development Authority, Bulandshahar but of no consequence.

Having considered the facts stated in the petition for writ and the documents annexed thereto, we deem it appropriate to dispose of this petition for writ by directing the Vice President, Bulandshahar Development Authority, Bulandshahar to consider and decide the issue agitated by the petitioner in this petition for writ provided the petitioners presents a certified copy of this order as well as a memo of writ petition in the office of Vice President, Bulandshahar Development Authority within a period of 15 days.

Respondent Vice President, Bulandshahar Development Authority, Bulandshahar shall also call upon the respondent nos. 4 & 5 before taking any decision on the representations submitted by the petitioners. The representation is required to be considered and decided within a period of two months subsequent to presentation of this order before the Vice President, Bulandshahar Development Authority, Bulandshahar."

Learned counsel for the opposite party states that in pursuance of the aforesaid order, a decision has already been taken by the opposite party on 20.7.2020, copy of which has been appended as annexure-9 to the affidavit filed in support of the contempt application and thus, the order passed by the writ court has been complied with in its letter and spirit.

It is argued by learned counsel for the applicants that in spite of the fact that a clear order was passed by the opposite party, the same has not yet been complied with by the Development Authority.

From a perusal of the records, the Court is satisfied that the order passed by the Writ Court has already been complied with by the opposite party in its letter and spirit. In case the applicants are still aggrieved, there is a remedy to challenge the order dated 20.7.2020 passed by the opposite party before the appropriate forum.

In view of above, no cause of action survives in the present contempt application.

Accordingly, the present contempt application is dismissed as having become infructuous.

Order Date :- 2.8.2021

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