Allahabad High Court
Rajesh Kumar vs Sri. Rajesh Kumar, S.D.M. on 25 July, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4557 of 2019 Applicant :- Rajesh Kumar Opposite Party :- Sri. Rajesh Kumar, S.D.M. Counsel for Applicant :- Ravindra Nath Yadav,Akhilesh Kumar Yadav Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 3.11.2017 passed in Writ C No.50848 of 2017 filed by the applicant, the Court directed as under:
"Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the authority concerned to decide the aforesaid case in accordance with law, expeditiously preferably within six months from the date of presentation of a certified copy of this order, after affording reasonable opportunity of hearing to all the parties concerned without granting any unnecessary adjournments."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 to comply with the aforesaid order of the Court within three months 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 party 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 party within one week thereafter and keep a recorded thereof.
The opposite party 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 party within the stipulated time as aforementioned.
Order Date :- 25.7.2019 RKP