Ram Sukh Maurya vs Sri Salik Ram, Sun Divisional ...
2023 Latest Caselaw 9905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2461 of 2022
 

 
Applicant :- Ram Sukh Maurya
 
Opposite Party :- Sri Salik Ram, Sun Divisional Officer, Raibarelie
 
Counsel for Applicant :- Satish Kumar Sharma
 

 
Hon'ble Abdul Moin,J.

Heard.

Instant contempt application has been filed alleging non compliance of the interim order dated 30.09.2022 passed in Writ Petition No. 7078 (Writ-C) No. 2022 per which the suspension of the fair price shop license of the applicant had been stayed.

Learned Standing counsel states that the counter affidavit along with stay vacation application has been filed in the pending writ petition as per specific averment made in paragraph 9 of the counter affidavit dated 17.03.2023.

Placing reliance on the judgment of the Apex Court in the case of Vinay Kumar Pandey vs. Committee of Management, Shri Gandhi Inter College and another in Civil Appeal Nos.4007-4008 of 2020, learned Standing Counsel contends that as an application for vacation of interim order is pending in the writ petition, it cannot be said that the respondents run in contempt of the interim order passed by the writ Court.

Considering the aforesaid judgment of the Apex Court in the case of Vinay Kumar Pandey (supra) it cannot be said that the respondents run in contempt of the order passed by the writ Court more particularly when an application for vacation of interim order is pending in the writ petition.

Accordingly, the contempt petition is consigned to records with liberty to the petitioner to have the said proceedings revived in case any subsequent cause of action arises.

Notices, if any, are discharged.

Order Date :- 4.4.2023

Pachhere/-