Savitri vs Jagdish Prasad Gupta, Tehsildar ...
2014 Latest Caselaw 8031 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6066 of 2014
 

 
Applicant :- Savitri
 
Opposite Party :- Jagdish Prasad Gupta, Tehsildar Judicial
 
Counsel for Applicant :- R.P.S. Yadav,S.K. Sharma
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for applicant.

The grievance of the applicant is that the opposite party-contemnor has willfully and deliberately flouted the order of the Writ Court dated 7.11.2013 passed in Writ-C- No. 60235 of 2013, copy of which has been filed as annexure-2,whereby the writ court was directed the respondents to consider and  decide the restoration application of  the petitioner within a period of three months from the date  of production of certified of the order, whereafter, the applicant was compelled to file Contempt Application (Civil) No. 3866 of 2014 in which the contempt Court  vide order dated 11.7.2014 gave another opportunity to the opposite party/contemnor to comply with the order of the writ within two months from the date of production of a certified copy of the order before him, copy of the order of the contempt court has been filed as annexure-5 to the affidavit accompanying this application. However, it is argued that the opposite party/contmenor has flouted both the orders passed by the writ Court as well as contempt Court.

It is contended that despite communication of aforesaid orders, order of Writ Court has not been complied with.

Prima facie, a case of willful disobedience is made out.

Issue notice to sole opposite party, who shall appear in person before this Court on the date fixed to explain as to why despite order of Writ Court  dated 7.11.2013 passed in Writ-C- No. 60235 of 2013, same has not been complied with and why charge be not framed.

List on 05.12.2014. Notice to accompany this order.

It is directed that no T.A./D.A. shall be paid to contemnor-opposite party for appearance before this Court from the state exchequer. In case order of Writ-Court is complied with, an affidavit of compliance would suffice.

Let a copy of this order be provided to, learned Additional Chief Standing Counsel, for onward transmission and compliance forthwith to superior authority of opposite party.

Order Date :- 5.11.2014

M.A.A.