Ashish Kumar Namdev vs Shri Sarvendra Vikram Singh ...
2014 Latest Caselaw 3143 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1341 of 2014
 

 
Applicant :- Ashish Kumar Namdev
 
Opposite Party :- Shri Sarvendra Vikram Singh Director State Council And Anr.
 
Counsel for Applicant :- Vinod Kumar Shukla
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Applicant alleges non-compliance of order of writ Court dated 30.05.2014 passed in Writ Petition No. 3115 (M/S) of 2014 Ashish Kumar Namdev Vs. State of U.P. and others), whereby the writ Court disposed of the writ petition in pursuance of the judgment and order dated 28.05.2014 passed in Writ Petition No. 3079 (M/S) of 2014 (Jyotsna Singh Vs. State of U.P. and others).  Record shows that writ petition no. 3079 (M/S) of 2014 was disposed of in terms of judgment and order dated 21.04.2014 passed in Special Appeal No. 195/2014, wherein writ of mandamus was issued, directing the respondents to consider the applicant for grant of admission in DIET, Gonda as O.B.C. category candidate in view of the Government Order dated 12.03.2014.  The order further provides that a decision was to be taken expeditiously, say, within a period of two weeks from the date of receipt of a certified copy of order. 

Submission of learned counsel for the applicant is that copy of the order of writ Court was served on opposite party no. 1 personally on 30.05.2014 and on opposite party no. 2 on 10.06.2014 and thereafter applicant also met opposite party no. 1 personally on 07.07.2014, but none of the opposite parties has taken any action in compliance of the order of writ Court. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 30.05.2014 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 parties to appear before this Court on  13.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 30.05.2014 passed in Writ Petition No. 3115 (M/S) of 2014 Ashish Kumar Namdev 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 parties need not appear before this Court on the date fixed.

Order Date :- 15.7.2014

Tanveer/-