Mohammad Yasin @ Mohammad Yasin Hasmi v. Deepak Kumar, Addl. Chief Secy. Deptt. of Basic Education, Govt.Of U.P.,Civil Sectt. Lko.And Others

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3312 of 2023 Applicant :- Mohammad Yasin @ Mohammad Yasin Hasmi Opposite Party :- Deepak Kumar, Addl. Chief Secy. Deptt. Of Basic Education, Govt.Of U.P.,Civil Sectt. Lko.And Others Counsel for Applicant :- Lalendra Pratap Singh Counsel for Opposite Party :- Krishna Madhav Shukla,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J.

¶1Heard.

¶2This Court has passed order dated 2.11.2023 which reads as under : "1. Heard learned counsel for the petitioner.

¶2Sri Mohit Jauhari, learned Standing Counsel has appeared for opposite party No.2. Sri Shailendra Singh Rajawat, learned counsel has filed application for granting time along with affidavit of Ms. Deepika Chaurvedi, the District Basic Education Officer, Sultanpur and Sri Krishna Madhav Shukla, learned counsel has filed Vakaltnama on behalf of opposite party No.4, the same are taken on record.

¶3All the aforesaid learned counsels for the opposite parties have stated that they have received instructions from their parties, therefore, they may be given some reasonable time to file their affidavit of compliance.

¶4Let the affidavits of compliance be filed within a period of four weeks.

¶5List this case on 11.12.2023.

¶6On or before 11.12.2023, the affidavit of compliance be filed by the opposite party Nos.2, 3 & 4 making compliance of order of the Writ Court in its letter and spirit, failing which, the opposite party Nos.2, 3 & 4, namely, Ram Sagarpati Tripathi, Additional Director of Education (Basic), Ayodhya Mandal, Ayodhya, Ms. Deepika Chaturvedi, District Basic Education Officer, Sultanpur and Sri Shivdwar Mishra, Manager, Committee of Management, Sarvodaya Laghu Madhyamik Vidyalaya, Mahmoodpur, Sarangpur, Post Office-Bejhuri, District-Sultanpur shall appear in person before the Court on the next date.

¶7When the case is next listed, names of S/Sri Shailendra Singh Rajawat and Krishna Madhav Shukla, Advocates be printed in the cause list as counsel for the opposite parties."

¶3In compliance of the aforesaid order Sri Shailendra Singh Rajawat has filed affidavit of compliance, same is taken on record.

¶4Ms. Deepika Chaturvedi, District Basic Education Officer, Sultanpur and Sri Shivdwar Mishra, Manager, Committee of Management, Sarvodaya Laghu Madhyamik Vidyalaya, Sultanpur are present in person.

¶5In the aforesaid affidavit order dated 7.12.2023 has been enclosed as Annexure no. 1, passed by the same authority whereby in terms of order of the writ court the dues have been directed to be paid to the petitioner subject to the final outcome of the special appeal, if any inasmuch as per Sri Rajawat it has been decided that the order of the writ court may be assailed before the appellate court by filing special appeal. Sri Rajawat has also informed that for getting actual benefits the petitioner is also required to fulfilling some conditions, therefore, the petitioner may also fulfill those conditions inasmuch as unless those conditions are fulfilled the actual benefit may not be given to the petitioner. To that learned counsel for the petitioner has stated that the petitioners have completed all the required formalities at the earliest.

¶6Be that as it may, when the order of the writ court has been complied with, nothing remains to be adjudicated by this Court in this contempt petition.

¶7Accordingly, the contempt petition is dismissed.

¶8Notices discharged.

¶9However, it is observed that if the petitioner completes the required formalities then after completion of aforesaid required formalities the benefit of the order of the writ court dated

7.12.2023(supra) would be provided to the petitioner with expedition preferably within a period of six weeks failing which the liberty is given to the learned counsel for the petitioner to file appropriate application seeking revival of the contempt petition and if the contempt petition is revived the appropriate order may be passed under the Contempt of Courts Act. . [Rajesh Singh Chauhan, J.] Order Date :- 11.12.2023 Om High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench