Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Contempt Petn.-Nature Of Controversy -compliance Report-Contempt Petn.dismissed As Infructuous.
JUDGEMENT TITLE : Amol Singh Vs. Sri N.S. Pandey, Incharge Commissioner Of Nagar Nigam & Another On 18/08/2004 By Allahabad High Court
CASE NO : CONTEMPT APPLICATION (CIVIL) NO. 1306 OF 2004
CORAM : Hon'ble Satya Poot Mehrotra,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 48


Civil Misc. Contempt Petition No. 1306 Of 1994

Akhil Bharat Varshiya Gond
Maha Sabha And Another .........Applicants
Versus
Ramesh Mishra And Others .........Respondents
*******
Hon'ble S.P.Mehrotra, J.

The Present Contempt Petition, Purporting To Be Under Sections 10/12 Of The Contempt Of Courts Act, 1971, Has Been Filed, Inter-alia, Praying For Punishing The Opposite Parties For The Alleged Non-compliance Of The Order Dated 27th January, 1994 Passed In Civil Misc. Writ Petition No. 36867 Of 1992.

By The Order Dated 11-8-1994, Notices Were Directed To Be Issued On The Contempt Petition To The Opposite Parties To Show Cause As To Why They Be Not Punished For The Alleged Contempt Of This Court By Flouting The Said Order Dated 27-1-1994 Passed In The Aforementioned Writ Petition.

In Response To The Notices Issued On The Contempt Petition, The Opposite Parties Nos. 1, 2, 3 And 4 Put In Appearance, And Filed Their Respective Counter Affidavits, Inter-alia, Reporting Compliance Of The Said Order Dated 27-1-1994.

On 4th August, 2004, The Case Was Passed Over On The Prayer Made On Behalf Of The Learned Counsel For The Petitioners-applicants, And The Case Was Directed To Be Listed In The Next Cause List.

Pursuant To The Order Dated 4th August, 2004, The Case Was Listed On 11th August, 2004.

On 11th August, 2004, The Learned Counsel For The Petitioners-applicants Was Not Present, Even When The Case Was Taken Up In The Revised List.

In The Circumstances, The Case Was Passed Over, And Was Directed To Be Listed In The Next Cause List.

Pursuant To The Said Order Dated 11th August, 2004, The Case Is Listed Today.

Today, Again, The Learned Counsel For The Petitioners-applicants Is Not Present, Even When The Case Has Been Taken Up In The Revised List.

The Learned Standing Counsel Appearing For The Opposite Parties Is Present.

The Controversy Involved In The Present Contempt Petition Is Regarding The Alleged Non-compliance Of The Directions Given In The Order Dated 27th January, 1994 Passed In The Aforementioned Civil Misc. Writ Petition No. 36867 Of 1992, Inter-alia, Regarding Issuance Of Caste Certificate To The Members Of "Gond" Community.

Having Regard To The Nature Of Controversy Involved In The Present Case, And Also Having Regard To The Averments Made In The Respective Counter Affidavits Filed On Behalf Of The Opposite Parties Reporting Compliance Of The Directions Given In The Said Order Dated 27th January, 1994 Passed In The Aforesaid Writ Petition, And Also Having Regard To The Fact That The Learned Counsel For The Petitioners-applicants Is Not Present, Even Though, The Case Has Been Taken Up In The Revised List, It Appears That The Present Contempt Petition Has Become Infructuous.

In View Of The Aforesaid, The Contempt Petition Is Liable To Be Dismissed As Having Become Infructuous, And The Same Is Dismissed As Such.

In Consequence Of The Dismissal Of The Contempt Petition, Show Cause Notices Issued To The Opposite Parties Nos. 1, 2, 3 And 4, Are Discharged.

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