Allahabad High Court
Ajay Pal Singh vs Rajendra Kumar Tiwari, Chief Secretary ... on 15 November, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7478 of 2019 Applicant :- Ajay Pal Singh Opposite Party :- Rajendra Kumar Tiwari, Chief Secretary Pashudhan Department And Another Counsel for Applicant :- Gaytri Rajput,Dinesh Kumar Singh 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 opposite parties for wilful disobedience of the order dated 20.05.2019 passed in Writ-A No.7949 of 2019 (Ajay Pal Singh v. State of U.P. & Anr.), the operative portion of which for ready reference is quoted as under:-
"..............Considering the facts and circumstances, noticed above, this petition stands disposed of, permitting the petitioner to approach the respondent no. 2, in respect of his grievance raised before this Court, within a period of two weeks from the date of presentation of certified copy of this order. The petitioner shall be at liberty to annex all materials in support of his claim as has been highlighted before this Court. In case such materials are placed before the authority concerned, the same shall be examined, in accordance with the law laid down by Apex Court in Avtar Singh (supra). The required consideration shall be made by the authority concerned within a period of two months thereafter."
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.
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 party no.2 to comply with the aforesaid order of the Court within four 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 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 record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 :- 15.11.2019 SP/