Allahabad High Court
Sunil Kumar, Sc ( Male) Category. ( Roll. ... vs Shri. Raj Kumar Vishwakarma, Chairman/ ... on 23 January, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 430 of 2020 Applicant :- Sunil Kumar, Sc ( Male) Category. ( Roll. No. 2301010562) ( Registration No. 10513544135) Opposite Party :- Shri. Raj Kumar Vishwakarma, Chairman/ Additional Secretary, U.P. And 2 Others Counsel for Applicant :- Atipriya Gautam,Devesh Mishra,Shri Vijay Gautam, Senior Advocate Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 16.09.2019 passed in Writ-A No.14005 of 2019 (Sunil Kumar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 16.09.2019 is quoted as under:-
"This petition is, accordingly, disposed off in terms of the judgment delivered in Bhanu Pratap Rajput (supra). Necessary action would be taken by the respondents, within a period of two months from the date of presentation of certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 23.1.2020 A. Pandey