Miscellaneous applications cannot be entertained in disposed proceedings unless for clerical errors or rare cases where executory orders become impossible to implement.

ORDER

1. Delay condoned.

2. Application seeking permission to appear and argue-in-person is allowed.

3. This miscellaneous application is at the instance of the original petitioner of Writ Petition (Civil) No.429 of 2020.

4. In this miscellaneous application, the applicant has prayed for the following reliefs:-

“A. To Direct the Hon'ble Distt. Judge, Agra; The S.S.P., Agra to grant protection to the applicant during the pendency of Civil appeal number 126/2021 pending before the Hon'ble Distt. Judge, Agra on 29th March,2022 and subsequent dates; and

B. pass such a order and directions as deemed fit and proper in the facts and circumstances of this case.”

5. We take notice of the fact that the Writ Petition (Civil) No.429/2020 came to be disposed of vide order dated 6-8-2021 in the following terms:-

"The petitioner, who appears in person, seeks a two-fold direction under Article 32 of the Constitution:

(i) A direction to the first respondent to devise a mechanism for enforcing court orders; and

(ii) A direction to the District Judge to dispose of the proceedings which have been initiated by the petitioner for breach of the order which enures to his benefit,

2. The wider relief which has been sought by the petitioner in (i) above cannot be entertained in these proceedings under Article 32, However, insofar as the specific grievance of the petitioner is concerned, we direct that the application, Contempt Application No 26 of 2016, which has been filed by him complaining of a breach of the order enuring to his benefit may be disposed of expeditiously, if it has not already been disposed of, within a period of three months from the date of receipt of a certified copy of this order.

3. We clarify that we have made no observations on the merits of the issues which are sought to be raised in the contempt proceedings.

4. The writ petition is accordingly disposed of.

5. Pending application, if any, stands disposed of."

6. Thus, while disposing of the main matter, this Court observed that in so far as the wider relief which was prayed for by the applicant – herein, could not have been granted in proceedings under Article 32 of the Constitution of India. However, this Court proceeded to issue directions to the District Judge to dispose of the contempt application No.26/2016 filed by the applicant herein expeditiously.

7. We have heard Dr. Ajay Kumar Jain appearing in-person.

8. Dr. Jain brought to our notice that in pursuance of the directions issued by this Court, referred to above, his contempt application No.26/2016 was heard and the same was allowed. Against such order, the contemnor went in appeal and his appeal is also dismissed vide order dated 11-11-2024.

9. His grievance is that despite all the aforestated developments, he has not been able to achieve any positive result in his litigation,

10. Today, he apprehends threat to himself and his family members at the end of the contemnor.

11. This Miscellaneous Application on the face of it is not maintainable in law.

12. It is high time that this Court says something on the practice of the litigants filing miscellaneous applications in disposed of proceedings and that too after a period of 5 years, 7 years, 10 years.

13. These miscellaneous applications which are being filed on daily basis have something to do with fresh cause of action that might have arisen with a very remote connection with the main proceedings.

14. No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events.

15. In fact, the Court has no jurisdiction to entertain such application as no proceedings could be said to be pending before it. When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution before the High Court, it is not open to the Court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action. If this principle