Pratap Bahadur Patel vs Shri Suhas L.Y. D.M. Jaunpur
2014 Latest Caselaw 8027 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6098 of 2014
 

 
Applicant :- Pratap Bahadur Patel
 
Opposite Party :- Shri Suhas L.Y. D.M. Jaunpur
 
Counsel for Applicant :- Lok Nath Shukla
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for applicants.

The grievance of the applicants is that the opposite party-contemnor has willfully and deliberately flouted the order of the Writ Court dated 27.5.2014 passed in  Civil Misc. Writ Petition No. 29505 of 2014, copy of which order has been filed as annexure-9 to the affidavit accompanying this application whereby the writ Court had directed to the respondent to consider and dispose of the application as provided under the Rules 1997 within a period of three months from the date of production of a certified copy of this order before him.

Learned counsel for the applicant  contends that the aforesaid order of the Writ Court was duly served upon the opposite party personally vide application dated 16.6.2014 copy of which has been filed as annexure-10 to the affidavit accompanying this application.  It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the Writ Court.

The opposite party is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within three weeks from today and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter.

In case, opposite party does not comply with the aforesaid directions, it would be open to the applicant to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 5.11.2014

M.A.A.