Sanghi Ram vs Sri Munna Lal
2013 Latest Caselaw 3556 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 131 of 2012
 

 
Applicant :- Sanghi Ram
 
Opposite Party :- Sri Munna Lal
 
Counsel for Applicant :- Arun Kumar Shukla
 
Hon'ble Ajai Lamba,J. 

Order dated 07.5.2013 reads as under:

" 1. The grievance of petitioner is that the judgment and order dated 29.7.2011 passed by this Court in Writ Petition No. 4574 (S/S) of 2011 has not been complied with by respondent till date despite communication thereof.

2. It is also stated that the order passed by this Court has neither been stayed nor there is any lawful authority on the part of respondent justifying its non-compliance.

3. Issue notice to respondent. The respondent shall appear before this Court on 3.7.2013 to show cause as to why he should not be charged for committing deliberate and intentional noncompliance/ disobedience of this Court's order and, therefore, is liable to be punished under the provision of Contempt of Courts Act, 1971.

4. However, if the respondent has already complied with this Court's order dated 29.7.2011, a compliance affidavit shall be filed by competent authority by the next date and he need not to appear.

5. In case the respondent has not complied with the order so far, and he complies with the same within a week, the compliance affidavit, in that case, shall also be filed with a proof of payment of Rs. 5000/- to petitioner for harassment and forcing this petition upon him and undue delay in compliance of this Court's order, and if that is done, he need not to appear in that case also.

6. Let this order be communicated to respondent through Chief Judicial Magistrate concerned.

7. List this matter on 3.7.2013."

The respondent is not present in Court.

Learned State Counsel states that he has no instructions from the respondent to appear.

Neither affidavit of compliance/counter affidavit has been filed nor the respondent has appeared.

In view of the above circumstances, let bailable warrant to be executed by the Chief Judicial Magistrate, Bahraich, returnable on 24.7.2013, be issued for procuring presence of the respondent in Court.

It is further made clear that in addition to the costs already imposed vide the order, extracted above, further costs amounting to Rs.5000/-(Five thousand only) would be brought to Court for causing delay in the proceedings.

Let a copy of this order be communicated to the Principle Secretary, Irrigation Department, U.P., Lucknow, through the learned State Counsel.

Order Date :- 3.7.2013

A.Nigam