Subhash Chandra vs Prem Chandra Yadav B.S.A. Badaun ...
2022 Latest Caselaw 19394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5720 of 2016
 

 
Applicant :- Subhash Chandra
 
Opposite Party :- Prem Chandra Yadav B.S.A. Badaun And Another
 
Counsel for Applicant :- Y.S. Saxena,Ashish Kumar,Madan Mohan
 
Counsel for Opposite Party :- Chandan Agarwal
 

 
Hon'ble Prakash Padia,J.

Civil Misc. Delay Condonation Application No.5 of 2022:-

Heard.

Cause shown for the delay in filing the restoration application is sufficient. The delay is condoned.

The application is allowed.

Civil Misc. Restoration Application No.6 of 2022:-

Heard.

Cause shown for the absence of the counsel, when the matter was taken up for hearing, is sufficient. The application is allowed.

The order dated 31.05.2022 is recalled.

Order on Contempt Petition:-

The appeal is restored to its original number.

The petitioner has preferred the present petition for non-compliance of the judgment and order dated 29.03.2016 passed in Civil Misc. Writ Petition No. 13710 of 2016 (Subhash Chandra vs. State of U.P. and others).

From perusal of the record it appears that writ Court order has been complied with and affidavit of compliance in this regard has already been filed and in paragraph-11 of the compliance affidavit it is stated that in terms of the order passed by writ Court, decision has already been taken by the opposite party no. 1 on 03.01.2017, copy of which is appended as Annexure-1 to the compliance affidavit, therefore, no further orders are required to be passed.

In view of the same, the present contempt application is dismissed.

However, in case applicant is still aggrieved it is open for the applicant that he will avail the remedy as available in law.

Order Date :- 1.12.2022

Swati