Ashok Kumar Pandey vs Indra Mani Tripathi Nagar Ayukta ...
2023 Latest Caselaw 21303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52976
 
Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1494 of 2019
 

 
Applicant :- Ashok Kumar Pandey
 
Opposite Party :- Indra Mani Tripathi Nagar Ayukta Nagar Nigam Lucknow And Ors.
 
Counsel for Applicant :- Km. Vishwa Mohini,Vimal Kumar
 
Counsel for Opposite Party :- Namit Sharma,Fareed Ahmad,Prashant Singh Atal,Shailendra Singh Chauhan
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard.

This Court has passed the order dated 28.07.2023, which reads as under:-

"1. Heard.

2. This Court has passed order dated 21.7.2023 which reads as under :

"1. Heard.

2. This Court has passed order dated 6.7.2023 which reads as under :

"Heard.

In pursuance to the order dated 01.03.2023 an affidavit has been filed on behalf of respondents per which it has been contended that in the Special Appeal listed on 24.02.2023 learned counsel for the applicant did not argue and made request for adjournment of the case.

The aforesaid affidavit has been rebutted by learned counsel for the applicant by filing objections thereto wherein the specific averment made has been denied and it has been indicated that no such recall or adjournment was ever made by learned counsel for the applicant.

Be that as it may, the fact of the matter remains that in the Special Appeal filed by the respondents even the delay has not been condoned and thus there does not appear to be any impediment in compliance of the order passed by the Writ Court.

Considering the aforesaid four weeks' and no more time is granted to the respondents for filing of compliance indicating compliance of the order passed by the Writ Court failing which the respondent no. 5 shall appear in person.

List this case on 10.05.2023."

2. Thereafter on 10.05.2023 following order was passed:-

"In pursuance to the earlier order of this Court dated 07.04.2023 Sri Ram Kailash, General Manager, Jal Kal Department, Lucknow is present in Court.

An application for extension of time for compliance of the order passed by the writ Court filed today in Court is taken on record.

Considering that in the application itself the respondents have sought further time for compliance of the order passed by the writ Court as such three weeks' further time is granted to the respondents for filing of the compliance affidavit failing which the officer present today shall remain present in Court for framing of the charges.

List on 06.07.2023."

3. Today, Sri Prashant Singh Atal, learned counsel for respondent no.5 states that either stay/final order in S.L.P. or compliance affidavit shall be placed before this Court by 21.07.2023.

4. Put up this case on 21.07.2023.

5. On the said date in case stay/final order in S.L.P. or compliance affidavit is not placed before this Court, the contempt petition shall be heard on framing of charges.

6. Respondent no.5 present in person before this Court today shall remain present on the next date also."

3. In compliance of the aforesaid order Sri Ram Kailash, General Manager, Jal Kal Vibhag, Nagar Nigam, Lucknow is present in person.

4. At the very outset Sri Prashant Singh 'Atal' has stated that it appears that due to inadvertence an impression has been given to the Court as if any S.L.P. is pending consideration but no S.L.P. is pending consideration before the Apex Court but against the interim order being passed by the writ court the Special Appeal No. 320 of 2022 (Defective) is pending consideration before this Court wherein the next date has been fixed for 25.7.2023 tentatively.

5. Sri Atal has further submitted that since in the present case the appointment has been obtained by adopting fraudulent tactics, therefore, the appellants are very hopeful that their appeal may likely to be allowed. However, w.e.f. 6.7.2023, the last date and till date no such order has been granted by the Appellate Court. Therefore, Sri Prashant Singh 'Atal' Sri Fareed Ahmad and Sri Namit Sharma, learned counsel for the opposite parties have prayed adjournment.

6. On the other hand Ms. Vishwamohini, learned counsel for the petitioner has stated that the present contempt petition has been filed for deliberate and intentional disobedience of the interim order being passed by this Court wherein after filing of the contempt petitioner the opposite parties have filed an application for vacation of the interim order. She has further stated that in an identical and similar circumstances Writ -A No. 4054 of 2023 (Ram Lakhan vs. State of U.P.) and Writ-A No. 3372 of 2022 ( Ram Adhar @ Ramadhar vs. State of U.P.) have been allowed vide judgment and order dated 29.5.2023 and 30.5.2023 respectively. In both the writ petition this Hon'ble Court has passed the order after hearing all the respective parties. Therefore, she has submitted that the opposite parties may be directed to make compliance of the interim order passed in favour of the present petitioner.

7. Sri Fareed Ahmad and Sri Namit Sharma, learned counsel for the opposite parties have stated that against both the aforesaid orders passed in the writ court dated 29.5.2023 and 30.5.2023, their special appeal is under preparation and the same may likely to be filed very soon.

8. Be that as it may, since no interim order or final order has been produced today and no compliance affidavit has been filed in terms of the earlier order dated 6.7.2023, therefore, the presence of the authority who is present in person may not be exempted. At the same time it is made clear that the contempt court may not appreciate the submissions of the opposite parties that in the present case they have filed special appeal before this Court which is pending consideration and against order passed in other cases they would be filing special appeal but the concern of the contempt court is limited to the point as to whether the order of the writ court has been complied with in its letter and spirit or not. Admittedly, by now the order of the writ court has not been complied with in its letter and spirit and there is no interim order in favour of the opposite parties. However, considering the fact that the special appeal in the present case is listed in the next week, most probably on 25.7.2023, therefore, I find it appropriate that one opportunity may be given to the opposite party to file or show any stay / final order of the special appeal by the next date or affidavit of compliance be filed failing which this Court will have no other option except to frame charges against the opposite party.

9. List on 28.7.2023. On that date the Officer who is present in person shall again appear in person."

3. In compliance of the aforesaid order Sri Ram Kailash, General Manager, Jal Kal Vibhag, Nagar Nigam, Lucknow is present in person.

4. Ms. Vishwamohini, learned counsel for the applicant has shown the status of the Special Appeal (Defective) No. 320 of 2022 which was filed in the present case and the aforesaid special appeal has been dismissed on merits. She has submitted that since the order of the special appeal has not been uploaded, therefore, she could not produce the copy of the order passed in the special appeal.

5. Notably, as per status of the special appeal in question it has been categorically indicated that the aforesaid special appeal has been dismissed on merits. The status is taken on record.

6. Sri Prashant Singh 'Atal', learned counsel for the contemnor has stated that after the dismissal of the special appeal on merits on 27.7.2023 the contemnor was not having sufficient time to make compliance of the order of the writ court, therefore, some reasonable time may be given to file compliance report by the next date.

7. Considering the request of Sri Prashant Singh Atal, list this case on 9.8.2023. On that date the contemnor shall file compliance report failing which the charges may be framed against him.

8. On the next date the officer, who is present in person shall again appear in person, if the order of the writ court is not complied with in its letter and spirit."

In compliance of the aforesaid order, Sri Prashant Singh Atal, learned counsel for the opposite parties has filed affidavit of compliance, today in the Court, the same is taken on record.

Sri Ram Kailash, General Manager, Jalkal Vibhag, Nagar Nigam, Headquarter -Aishbagh, Lucknow is present in person, who has filed affidavit of compliance along with order dated 08.08.2023 passed by the Secretary, Jalkal Vibhag, Nagar Nigam, Lucknow showing that the order of the writ Court has been complied with subject to final outcome and final order being passed by the writ Court.

Sri Prashant Singh Atal, learned counsel for the opposite parties has stated that the order of the writ Court has been complied with, therefore, this contempt petition may be dismissed.

In view of the above, nothing survives to be adjudicated in this contempt petition.

Accordingly, the instant contempt petition is dismissed.

Notices stand discharged.

[Rajesh Singh Chauhan,J.]

Order Date :- 9.8.2023

Suresh/