Citation : 2014 Latest Caselaw 2939 ALL
Judgement Date : 11 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1305 of 2014 Applicant :- Tej Bhan Gupta And Another Opposite Party :- Anand Kumar Pandey District Basic Shiksha Adhikari Amethi Counsel for Applicant :- Pradeep Singh Somvanshi Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicants.
The learned counsel for the applicants alleges non-compliance of the order of writ Court dated 26.02.2014 passed in Writ Petition No. 1248 (S/S) of 2014 (Tej Bhan gupta & another Vs. State of U.P. and others), whereby while disposing of the writ petition vide order dated 26.02.2014 a direction was issued to the District Basic Education Officer, Amethi to consider and decide the representation of the petitioner/applicants dated 20.12.2013 (Annexure no. 3 to the writ petition) by passing a speaking and reasoned order, in accordance with law, within a period of one month from the date of production of a certified copy of order and communicate the result of the same to the applicant/petitioner.
Further submission of learned counsel for the applicants is that the order of writ Court was sent through registered post on 10.03.2014, but till date no action has been taken by the opposite party. Therefore, the applicants are 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 26.02.2014. .
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 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 26.02.2014 passed in Writ Petition No. 1248 (S/S) of 2014 (Tej Bhan gupta & another 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 :- 11.7.2014
Tanveer/-
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