HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 926 of 2015 Applicant :- Dr. Umesh Pratap Singh & Ors. Opposite Party :- Hira Lal Gupta, Prin. Secy. Govt. Of U.P. & Ors. Counsel for Applicant :- Y.K. Mishra Hon'ble Dr. Devendra Kumar Arora,J.
An application for impleadment has been filed for impleading Sri Dinesh Babu Sharma, Director Basic Education, Lucknow, as one of the respondents in the instant contempt petition.
Counsel for the applicant submits that when the said officer took charge as Director Basic Education, Lucknow,he gave a representation together with the copy of the order passed by the writ court for compliance on 16.6.2015 but till date no positive action has been taken for complying the order.
On due consideration, the application is allowed. Counsel for the applicant is permitted to make necessary impleadment in the body of the petition during the course of the day.
Petitioner has filed instant contempt petition alleging willful non-compliance of the order dated 30.4.1999 passed in writ petition and the order dated 7.11.2014 whereby the Special Appeal No. 250 of 2000 preferred by the respondents has been dismissed and the order of the learned Single Judge has been affirmed.
After considering the submissions of the petitioner and perusal of record, prima-facie a case for contempt is made out.
Issue notice to opposite party no.4 fixing 5.11.2015.
On that date opposite party no.4 shall appear in person before this court to show cause as to why proceedings under the Contempt of Court may not be initiated for willful disobedience of the aforesaid order. It is clarified, that if the order of the writ court is complied with in its true spirit before the date fixed, the opposite party need not appear on the date fixed and shall file only an affidavit of compliance of the order.
Counsel for the petitioner is directed to furnish a copy of the petition to Standing Counsel, who shall transmit the same to the opposite party no.4 alongwith gist of order at the earliest for information and compliance.
List on 5.11. 2015 before the appropriate court.
Order Date :- 30.9.2015 MH/-