Shiv Nath Verma v. Shri B.P. Singh, District Basic Education Officer, Ambedkarnagar and Another

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2475 of 2023 Applicant :- Shiv Nath Verma Opposite Party :- Shri B.P. Singh, District Basic Education Officer, Ambedkarnagar And Another Counsel for Applicant :- Ram Prakash Counsel for Opposite Party :- Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner and Sri Prashant Kumar Singh, learned counsel for the opposite parties.

¶2Sri Prashant Kumar Singh has filed affidavit of compliance, the same is taken on record.

¶3In para-5 of the aforesaid affidavit, it has been categorically indicated that the order of the writ court has been complied with in its letter and spirit as the amount in question has been transferred in the account of the petitioner. Annexure No.CA-2 of the affidavit of compliance is a transfer slip whereby the amount in question has been transferred in the account of the petitioner.

¶4However, learned counsel for the petitioner has stated that appropriate interest has not been calculated in terms of the order of the writ court.

¶5Be that as it may, when specific recital has been given in paras 4 & 5 of the affidavit of compliance that the interest on the delayed payment has been given to the petitioner, then if there is any calculation dispute, the same may not be resolved by the Contempt Court.

¶6In the wake of aforesaid development, nothing remains to be adjudicated in the present contempt petition.

¶7Accordingly, the present contempt petition is dismissed.

¶8Notices are discharged.

¶9However, it is always open for the petitioner to raise his dispute regarding calculation of the interest before the competent authority indicating therein as to what amount has been paid to him and what amount should be given to him. It is needless to say that if the authority concerned is approached by means of representation, the same may be decided as per law. [Rajesh Singh Chauhan,J.] Order Date :- 7.12.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench