Mahendra Pratap Singh vs Sri S.P.Singh
2013 Latest Caselaw 3683 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- CONTEMPT No. - 2367 of 2009
 
Applicant :- Mahendra Pratap Singh
 
Opposite Party :- Sri S.P.Singh
 
Counsel for Applicant :- N.U.Khan
 
Counsel for Opposite Party :- C S C
 
Hon'ble Ajai Lamba,J. 

Sri Lalit Shukla, learned Standing Counsel states that Dr. Rajiv Mishra, Divisional Forest Officer, Bahraich, is required to implement the order dated 05.3.2009 rendered in Writ Petition No.2803 (SS) of 1993

It has been made to appear to this Court that the respondents have challenged the decision of this Court in the Hon'ble Supreme Court of India.

The sequence of events, however, indicates that after decision was rendered by this Court on 05.3.2009, Spacial Appeal was dismissed on 19.12.2011.

Special Leave to Appeal has been filed in the Hon'ble supreme Court of India on 28.5.2013, which is way beyond limitation.

Prima facie, it appears that implementation of the order is being delayed. Court process is being over-awed and circumvented on the pretext that the judgment at issue has been challenged. Non-seriousness of the officers/contemnors in that regard, however, is made evident.

Sri Lalit Shukla on behalf of the respondents prays for one opportunity to file a supplementary affidavit.

List on 19.8.2013.

The judgment at issue be implemented by the next date of listing, or else this Court would be constrained on initiating proceedings against the respondents under the Contempt of Courts' Act 1971.

It is further directed that in case the judgment is not implemented in its letter and spirit or an order of stay is not produced from the Hon'ble Supreme Court of India, the respondent shall remain present in Court on the next date of listing for framing of charges  for committing Contempt of Court.

Order Date :- 4.7.2013/A.Nigam