Syed Mansoor Hasan Hasani And ... vs Sri Shesh Nath Secy.Rae-Bareli ...
2014 Latest Caselaw 3157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1043 of 2014
 

 
Applicant :- Syed Mansoor Hasan Hasani And Others
 
Opposite Party :- Sri Shesh Nath Secy.Rae-Bareli Development Authority Raebare
 
Counsel for Applicant :- Anurag Srivastava
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Applicant alleges non-compliance of the order of writ Court dated 18.12.2013 passed in Writ Petition No. 11887 (M/B) of 2013 (Syed Mansoor Hasan and others Vs. Raebareli Development Authority and another), whereby the writ Court while granting time to exchange the pleadings, provided that petitioners/applicants are also entitled for the benefit of interim order passed in Writ Petition No. 10230 (M/B) of 2013 (Syed Mohd. Umair Husaini Vs. Raebareli Development Authority and another), and  while staying the impugned order, the respondent was directed to deliver the physical possession of the plot in question on payment of 10% enhanced cost to the original assessment done and also observed that it shall be subject to further orders passed by this Court. 

Submission of learned counsel for the applicant is that the copy of  order of writ Court was sent to opposite party through registered post on 24.12.2013, but till date no action has been taken 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 party under the provisions of Contempt of Court Act for willful disobedience of order dated 18.12.2013 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  13.08.2014  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 18.12.2013 passed in Writ Petition No. 11887 (M/B) of 2013 (Syed Mansoor Hasan and others Vs. Raebareli Development Authority and another).

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 :- 15.7.2014

Tanveer/-