Allahabad High Court
Subhash Chandra vs Sri Manoj Kumar Singh, Secretary ... on 18 January, 2023
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- CONTEMPT APPLICATION (CIVIL) No. - 40 of 2023 Applicant :- Subhash Chandra Opposite Party :- Sri Manoj Kumar Singh, Secretary Panchayat Raj And 2 Others Counsel for Applicant :- Mahesh Sharma,Arvind Kumar Verma Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant.
This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 25.7.2022 passed by this Court in Civil Misc. Writ Petition No. 30130 of 2021 wherein this Court has observed as under:
" As a result, all the writ petitions except Writ-C No. 3276 of 2022 (Smt. Khushboo v. State of U.P. and others) are allowed and the opposite parties are directed to release the ex-gratia payment to the dependents entitled thereto within a period of one month failing which the claims so allowed shall be made good inclusive of simple interest @ 9% p.m. from the date of judgement upto the date of actual payment. "
It is stated that against the aforesaid order special leave to appeal (C) No. 18892-18997/2022 has been filed before the Supreme Court which was dismissed on 7.11.2022.
It is stated that in spite of service upon the opposite parties no order has yet been passed.
Prima facie, a case for willful disobedience of the order of this Court dated 25.7.2022 is made out.
However, considering the facts and circumstances of the case, without issuing any notice at this stage, one more opportunity is provided to the opposite party to comply with the order dated 25.7.2022 passed by this Court within a period of one month from the date of receipt of a certified copy of the order of this Court. In case the order is not complied with by the opposite party within the aforesaid period, the applicant shall be at liberty to approach this Court again.
With the aforesaid observation this application is disposed of.
Order Date :- 18.1.2023 samz