Sandeep Tyagi v. Ashok Kumar & ORS.

$~125 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1759/2024 & CM APPL. 65358-65359/2024 SANDEEP TYAGI .....Petitioner Through:

Mr. Amit Saxena with Mr. Manoj Kumar Tyagi, Advocate along with petitioner.

versus ASHOK KUMAR & ORS.

.....Respondent Through:

Ms. Mehak Nakra, ASC with Ms.

Bhavya Nakra, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 11.11.2024 1.

The son of the petitioner is studying in Little Flowers Public School, Babarpur Road, Shahdara, Delhi in class XII and his school falls in Zone-5 of the sports zone of Delhi.

2.

The present petition seeks initiation of contempt against the respondent for not complying with the order dated 28.10.2024 passed by this Court in W.P.(C) No. 15196/2024.

3.

When the matter was taken up by this Court on 28.10.2024, the following order was passed:- "1. The Petitioner's son is studying in Little Flowers Public School Babarpur Road, Shahdara, Delhi, which falls under Zone-5 of the sports zone of Delhi. Under circular dated 9 th October, 2024 issued by Govt. of NCT of Delhi, Directorate of Education, Sports Branch has declared that they shall be conducting Delhi State CONT.CAS(C) 1759/2024 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

School Games for the year 2024-25 for the discipline of cricket (U-14, U-17 & U-19) Boys between 16th October, 2024 to 14th November, 2024.

2. Petitioner contends that he is not being allowed to appear for the trial. Ms. Mehak Nakra, ASC for Respondents, on instructions, states that Ms. Sunita Jaiswal, SPE Zone-6 had agreed to conduct the trial of the Petitioner for cricket Under-17 of Zone-5 and in case he is found eligible in trial, he shall then be permitted to participate in Delhi State School Games.

3. In light of the above stand taken by the Respondents, the relief sought by the Petitioner, stands redressed and accordingly the petition is disposed of along with pending application(s), if any." 4.

According to learned counsel for petitioner, the son of the petitioner reported for the trial on 28.10.2024 and on 29.10.2024, however, no trial was conducted. He supplements that this amounts to wilful disobedience of the above said directions.

5.

Learned counsel for respondent appears on advance notice and submits that it was only on account of paucity of the players that the trial could not be conducted and she states that, as and when, the trial conducted, the son of the petitioner, whose name is registered at serial No. 1 only, would be permitted to participate in such trial.

6.

It is also stated that the fresh dates of trial are yet to be finalized and, as and when, such fresh dates are finalized, the petitioner herein would also be duly communicated by the concerned Department. 7.

In all fairness, Ms. Mehak Nakra, learned ASC also submits that in order to ensure that there is no communication gap of any kind whatsoever, she would ensure that a personal communication to the learned counsel for the petitioner also reaches well in advance.

8.

In view of the above, Mr. Saxena, learned counsel for the petitioner CONT.CAS(C) 1759/2024 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

does not insist for any further action in the present contempt petition, while reserving his right to come again, in case of any further wilful disobedience. 9.

The petition stands disposed of in the aforesaid terms. MANOJ JAIN, J NOVEMBER 11, 2024/sw CONT.CAS(C) 1759/2024 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.