Smt. Yashmati vs Dr. Raj Kumar, Chief Medical Officer, ...
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Allahabad High Court

Smt. Yashmati vs Dr. Raj Kumar, Chief Medical Officer, ... on 12 February, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:9129
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1128 of 2024
 

 
Applicant :- Smt. Yashmati
 
Opposite Party :- Dr. Raj Kumar, Chief Medical Officer, Ambedkar Nagar
 
Counsel for Applicant :- Prabhakar Tiwari,Ashwini Kumar Tripathi,Vikas Chaturvedi
 
Counsel for Opposite Party :- Shiv Kumar Mishra,Phool Badan Singh,Ram Nath Pandey
 

 
Hon'ble Manish Kumar,J.
 

The present contempt application has been preferred for alleged non compliance of the judgment and order dated 01.08.2022 passed in Writ A No. 4764 of 2022. The relevant extract of the same is quoted hereinbelow:-

"4. Accordingly, without entering into merit of the case, present writ petition is disposed of with direction to respondent No.2-Chief Medical Officer, Ambedkar Nagar to consider and decide the representation of the petitioner dated 12.6.2019 as contained as Annexure No.3 to the writ petition with reasoned and speaking order in accordance with law, expeditiously, say within a period of six weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner."

Learned Standing Counsel on the basis of instructions received has submitted that in compliance of the judgment and order dated 01.08.2022, the representation of the application has been decided by the respondent by its undated order, the copy of which has been provided during course of argument (which is taken on record) and the photocopy of the same has been provided to the learned counsel for the applicant.

Learned counsel for the applicant has very fairly submitted that for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous but liberty may be given to the applicant to challenge the decision taken by the respondent on the representation of the applicant by filing a writ petition.

In view of above, the present contempt petition is dismissed as infructuous and it is always open for the applicant to avail the remedy, as may be permissible under law.

Notice issued earlier, if any, stands discharged.

Order Date :- 12.2.2025

Nitesh