HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 1837 of 2015 Applicant :- Smt. Sudha Devi Opposite Party :- Amulya Mohan (Brigadier Retd.) Secy. U.P. Sainik & Another Counsel for Applicant :- A.N. Misra Hon'ble Dr. Devendra Kumar Arora,J.
Supplementary affidavit is taken on record.
Petitioner has alleged willful disobedience of the order dated 26.4.2011passed in writ petition no. 3833 of 2011(MB) wherein the writ court has provided that it will be open to the petitioner to submit reply and show cause against the notice issued and if such a reply is given within 15 days from the date of passing of order, the petitioner shall not be evicted for want of deposit of enhanced rent, till reply/objections are considered and appropriate orders are passed.
Submission of the petitioner's Counsel is that he sent the copy of the aforesaid order together with the reply to the opposite party no.1 and 2 but till date no action has been taken in compliance of the order of the writ court. In the meantime the opposite party raised a demand for depositing enhanced rate. It has been further submitted that the opposite parties without passing any order on the reply so submitted by the petitioner, the opposite party no. 2 orally asked the petitioner to either pay the enhanced rent or vacate the premises.
On due consideration, prima-facie a case for contempt is made out.
Issue notice to opposite party no.2 returnable at an early date to show cause as to why proceedings under the Contempt of Courts may not be initiated for circumventing the order passed by the writ court.
Order Date :- 16.9.2015 MH/-