Chhedi Lal vs Rajni Kant Mittal,D.F.O.Sohelva ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- CONTEMPT No. - 1885 of 2020
 

 
Applicant :- Chhedi Lal
 
Opposite Party :- Rajni Kant Mittal,D.F.O.Sohelva Vanya Jeev Prabhag,Balrampur
 
Counsel for Applicant :- Shailendra Kumar Dubey
 

 
Hon'ble Abdul Moin,J.

Heard.

The present contempt petition has been filed alleging non-compliance of the interim order dated 22.06.2020 passed in Writ Petition No.9531 (S/S) of 2020.

A deferment application along with counter affidavit has been filed by respondent-contemnor contending that an application for vacation of the stay order, filed along with counter affidavit, has been filed and the said application for vacation is still pending.

Placing reliance upon the judgment of the Apex Court in the case of Vijay Kumar Pandey Vs. Committee of Management Gandhi Inter College and another passed in Civil (Appeal) No.4007-4008 of 2020 dated 08.12.2020, learned Standing Counsel submits that the Apex Court has held that where a stay vacation application is pending, consequently, contempt proceedings may not proceed till such time the submissions raised in the application seeking vacation of the order are adequately addressed and rejected.

Taking into consideration the aforesaid judgment in the case of Vijay Kumar Pandey (supra) and the stay vacation application being pending, it would not be proper to proceed further with the contempt proceeding.

Accordingly, the contempt petition is consigned to record with liberty to the petitioner to file appropriate application for revival of this contempt petition in case the stay vacation application is rejected.

Order Date :- 7.1.2021

Anand Sri./-