Allahabad High Court
Shiv Narain Pandey And 4 Others vs Dr. Surya Kant Tripathi, Basic Shiksha ... 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. - 436 of 2020 Applicant :- Shiv Narain Pandey And 4 Others Opposite Party :- Dr. Surya Kant Tripathi, Basic Shiksha Adhikari And Another Counsel for Applicant :- Anurag Shukla 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 05.07.2019 passed in Writ-A No.22599 of 2016 (Shiv Narain Pandey And Others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 05.07.2019 is quoted as under:-
"I have heard learned counsel for the petitioners, learned Standing Counsel and learned counsel for the District Basic Education Officer. They are agreed that the facts of the present petition are identical to that of Angad Yadav (supra) and this writ petition may also be decided in the same terms.
In view of the above, the present writ petition is also allowed in the same terms as in Angad Yadav (supra)."
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