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Dharmendra Kumar Chaturvedi v. Anurag Yadav, D.M. & Another - SPECIAL APPEAL No. - 1059 of 2005  RD-AH 15594 (15 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Special Appeal No. 1059 of 2005.
1. Dharmendra Kumar Chaturvedi, son of Sri Aasha
Ram Chaturvedi, Resident of Village Rampur Khurd,
P.O. Kishanpur, Pargana Ghisua, District Jaunpur.
1. Anurag Yadav, District Magistrate, Jaunpur.
2. Ram Dulare Pandey, Tehsildar, Tehsil Machhali
Counsel for the Appellant : Mr. A. S. Debey
Mr. Ali Hasan
Counsel for the Respondents : Mr. G.C. Upadhyay
Hon'ble H.L. Gokhale, CJ.
Hon'ble Anjani Kumar, J.
Date : September 11, 2007.
Oral Judgment (Per : H.L. Gokhale, CJ.)
1. Heard Mr. Pradeep Mishra, holding brief of Mr. A.S. Dubey in support of this appeal and Mr. G.C. Upadhyaya for respondents.
2. This special appeal has been filed against the order passed by learned single Judge dated 25th July, 2005 in civil misc. contempt petition, whereby the learned single Judge has dismissed the contempt petition filed by appellant. The learned single Judge, who has heard the matter came to the conclusion that there is no case of wilful disobedience and no case for contempt is made out.
3. In the circumstance, we treat this special appeal as a contempt appeal. Inasmuch as the learned single Judge has held that there is no case for contempt, the appeal is not available under the provisions of Section 19 of the contempt of Courts Act.
4. The special appeal is accordingly dismissed.
Date : 11.09.2007.
(Anjani Kumar, J)
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