Allahabad High Court
Vivek Chandra And 2 Others vs Nand Prasad Ojha, Additional District ... on 27 January, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 491 of 2020 Applicant :- Vivek Chandra And 2 Others Opposite Party :- Nand Prasad Ojha, Additional District Judge- 8 Th Aligarh Counsel for Applicant :- Saroj Kumar Tiwari 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 13.10.2017 passed in Matters Under Article 227 No.6371 of 2017 (Dinesh Chandra Saxena and others v. Additional District Judge, Aligarh). For ready reference, the relevant extract of order dated 13.10.2017 is quoted as under:-
"Considering the above, this petition stands disposed of with the direction upon the Court concerned to adjudicate the pending L.A. Reference No. 12 of 1980 (Nawab Rahmatulla Khan & Others Vs. Teekaram & Others), in accordance with law, as expeditiously as possible and preferably within one year period from the date of production of certified copy of this order and without granting unnecessary adjournment to either of the parties, except upon payment of cost.
The petitioner has filed photostat copy of one page of the order sheet dated 17.04.2017 to 12.08.2017 whereas the covering page has not been enclosed along with the said order sheet annexed as annexure-7. However covering page, on asking by the Court is produced by the learned counsel which is taken on record."
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 months from the date of production of a certified copy of this order, without according even a single adjournment to either of the parties. In case it is required day to day hearing must be ensured in the matter.
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 :- 27.1.2020 A. Pandey