Allahabad High Court
Nova Institute Of Nirsing & ... vs Rajiv Agarwal Vice Chairman ... on 22 May, 2013
Bench: Ajai Lamba
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- CONTEMPT No. - 274 of 2012
Petitioner :- Nova Institute Of Nirsing & Paramedical Ford Hospital Throug
Respondent :- Rajiv Agarwal Vice Chairman L.D.A. Gomti Nagar Lko. & Ors.
Petitioner Counsel :- Sandeep Dixit
Hon'ble Ajai Lamba,J.
The petition seeks initiation of contempt proceedings against the respondent in context of order dated 07.7.2011.
It has been projected before this court that the order has not been complied with in its letter and spirit within the time-frame provided intentionally and, therefore, action be taken against the respondent under the Contempt of Courts Act 1971. Notice was issued to the respondent nos.2 and 3 vide order dated 01.2.2012.
It is the admitted position that no reply/affidavit was filed in response to the notice. The matter was adjourned a number of times.
Constrained with circumstances vide order dated 08.5.2013 non-bailable warrant was issued to procure presence of respondent nos.2 and 3 to take a response to the show-cause notice issued under the Contempt of Courts Act.
This application has been filed with the plea that the order at issue has been complied with in time under communication to the petitioner.
I have considered the issue.
Relevant portion of order dated 07.7.2011 is extracted herebelow:
"We, therefore, as an interim measure in continuation of the earlier order dated 19.5.2011 provide that the petitioners shall furnish all the no objection certificates as may be required, which have not been furnished till date and on furnishing all the certificates building plan shall be considered for sanction in accordance with law. This exercise shall be done within a period of three weeks from the date of filing all the necessary certificates by the petitioners.
Let the matter be listed in the month of August, 2011."
Alongwith the application document CA-1 has been filed, which is dated 28.7.2011 communicating to the petitioner that the site-plan cannot be passed for the reason that Sewage Treatment Plant is being proposed in the vicinity. In such circumstances, Nursing/Para Medical Institute cannot be allowed to come up.
It has also been pointed out that the writ petition is still pending adjudication. Counter affidavit in the writ petition has also been filed. Respondent no.2 has also clarified that the said respondent was under suspension and was not communicated the order of this court and, therefore, had no knowledge that he was required to file an affidavit.
In view of above circumstances, this court finds sufficient reason to modify the order dated 08.5.2013 and direct that non-bailable warrant be not executed against the respondent nos. 2 and 3.
Let the Chief Judicial Magistrate, Lucknow be communicated accordingly by Registrar of this court.
Considering the stand of the respondents, let the main case be listed on on 29.5.2013.
Order Date :- 22.5.2013
A.Nigam
