Citation : 2014 Latest Caselaw 2915 ALL
Judgement Date : 11 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1307 of 2014 Applicant :- Mohd. Raza Khan Opposite Party :- Mr.Chandra Prakash Prin.Secy.Geology & Mining Deptt.Lko.&Anr Counsel for Applicant :- I.M. Pandey Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
The learned counsel for the applicant alleges non compliance of the order of writ Court dated 16.07.2013 passed in Writ Petition No. 2989 (S/S) of 2006 (Mohd. Raza Khan Vs. State of U.P. and others), whereby while allowing the writ petition a direction was issued to opposite parties to consider the case of the petitioner/applicant for appointment/engagement on daily wage basis within a maximum period of two months from the date a certified copy of order is placed before them.
Submission of learned counsel for the applicant is that the order of writ Court was served personally in the office of opposite party no. 2 on 27.07.2013 followed by reminders through registered post on 29.07.2013, 25.09.2013 and 13.12.2013. It is also submitted that time prescribed by the writ Court has already expired long back, but till date no action has been taken by the opposite party no. 2. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against opposite party no. 2 under the provisions of Contempt of Court Act for willful disobedience of the order of Writ Court dated 16.07.2013.
On due consideration, prima facie, a case of willful violation of the the order of writ Court is made out.
Let notice be issued to opposite party no. 2 to appear before this Court on 11.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of the order of writ Court dated 16.07.2013 passed in Writ Petition No. 2989 (S/S) of 2006 (Mohd. Raza Khan 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 no. 2 need not appear before this Court on the date fixed.
Order Date :- 11.7.2014
Tanveer/-
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