Teerath vs Mamta Sanjeev Dubey Chief ...
2023 Latest Caselaw 6457 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 949 of 2022
 

 
Applicant :- Teerath
 
Opposite Party :- Mamta Sanjeev Dubey Chief Conservator Of Forest U.P. Lko. And Others
 
Counsel for Applicant :- Mahendra Pratap Verma
 

 
Hon'ble Rajnish Kumar,J.

Heard.

This second contempt application has been filed alleging non compliance of the order dated 04.02.2020 passed in Writ Petition Service Single No.1837 of 2004. The first contempt petition No.2218 of 2020 filed by the applicant was dismissed having become infructuous by means of the order dated 30.09.2021 leaving it open to the petitioner to challenge the order passed by the Divisional Forest Officer in appropriate proceedings before the appropriate court. The applicant has filed an application for recall of the order dated 30.09.2021, which has also been rejected on 10.12.2021.

This Court had passed the following order on 11.05.2022:-

"On the request of learned counsel for the applicant, list on 25.05.2022 on which date he will bring case laws regarding maintainability of second contempt petition."

Learned counsel for the applicant submits that since there is wilful and deliberate disobedience by the respondents, therefore the second contempt application is maintainable. He relied on a judgment and order dated 31.05.2022 passed in Contempt Application (Civil) No.5601 of 2017(Ishan International Educational Society through its Director versus Sri Mukul Singhal Principal Secretary and 4 others). In the said case, the second application was entertained when the first contempt application was disposed of for complying the order passed by the writ court by the opposite parties and the order was not complied with. It is not the case in the present application.

In the present case, considering the compliance made by the respondents this Court has come to the conclusion that this application has become infructuous as the compliance has already been made.

In view of above, the application is misconceived. Dismissed accordingly.

Order Date :- 28.2.2023

Akanksha