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Allahabad High Court

Rameshwar Dayal vs Ruby Singh, Secretary, Basic Shiksha ... on 11 November, 2019

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7400 of 2019
 
Applicant :- Rameshwar Dayal
 
Opposite Party :- Ruby Singh, Secretary, Basic Shiksha Parishad And Another
 
Counsel for Applicant :- Shivendu Ojha,Radha Kant Ojha (Senior Adv),Shatrughan Sonwal
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Heard learned counsel for the applicant.

By order dated 16.5.2019 passed in Writ A No.7258 of 2019 filed by the applicant, the Court directed as under:

"Two marks are, therefore, to be provided to the petitioner for correct answers to question nos. 81 and 105. The corrected result of the petitioner shall be uploaded at the website by respondent no. 4, the Secretary, Examination Regulatory Authority, Allenganj, U.P. Allahabad, within a fortnight from today. The present writ petition stands allowed."

Learned counsel for the applicant submits that a certified copy of the aforesaid order 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. In support of his submission, he has placed reliance on the order dated 18.10.2019 passed in Contempt Application (Civil) No.6774 of 2019 (Monika Yadav vs. Ruby Singh, Secretary and another).

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 two 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed 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 parties shall comply with the directions of the writ court and intimate him of 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 :- 11.11.2019 RKP