Citation : 2014 Latest Caselaw 3184 ALL
Judgement Date : 15 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1339 of 2014 Applicant :- Mohd. Ismil Khan Opposite Party :- Sri. Rakesh Singh District Basic Edu.Officer Balrampur Counsel for Applicant :- Rayees Ahmad Khan Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
The applicant alleges non-compliance of order of writ Court dated 26.03.2014 passed in Writ Petition No. 1824 (S/S) of 2014 (Mohd. Ismil Khan Vs. State of U.P. and others), whereby the writ Court directed the authority concerned to consider and decide the representation by passing a speaking and reasoned order, in accordance with law, within a period of one month from the date of receipt of a certified copy of order along with fresh representation and communicate the result of the same to the applicant/petitioner.
Submission of learned counsel for the applicant is that copy of order of writ court was sent to opposite party through registered post on 07.04.2014, but till date opposite party has not passed any order 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 26.03.2014 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 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 26.03.2014 passed in Writ Petition No. 1824 (S/S) of 2014 (Mohd. Ismil 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 need not appear before this Court on the date fixed.
The copy of contempt petition be also provided to learned Standing Counsel, who will transmit the same to opposite party along with copy of this order, for compliance.
Order Date :- 15.7.2014
Tanveer/-
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