Citation : 2014 Latest Caselaw 2812 ALL
Judgement Date : 10 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1079 of 2014 Applicant :- Chandrika Prasad Misra Opposite Party :- Smt.Sutta Singh,Deputy Director Of Education (Madhyamic) Counsel for Applicant :- Riyaz Ahmad Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
Learned counsel for the applicant alleges non-compliance of order of writ Court dated 02.04.2014 passed in Writ Petition No. 1978 (S/S) of 2014 (Chanrika Prasad Mishra Vs. State of U.P. and others), whereby writ Court directed the opposite parties concerned to decide the representation of the petitioner/applicant, (Annexure No. 2 to the writ petition) by a reasoned and speaking order in accordance with law in a month from the date a certified copy of order is placed before him.
Submission of learned counsel for the applicant is that copy of the order of writ Court was served in the office of opposite party personally, on 07.04.2014. Grievance of the applicant is that time prescribed by the writ Court has already expired, but till date no action has been taken by the opposite party. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 02.04.2014 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 06.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 02.04.2014 passed in Writ Petition No. 1978 (S/S) of 2014 (Chanrika Prasad Mishra Vs. State of U.P. and others).
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.
Order Date :- 10.7.2014
Tanveer/-
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