Smt. Sunita Pal vs Sri Bhupendra S. Chaudhary, D.M. ...
2014 Latest Caselaw 9345 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6730 of 2014
 
Applicant :- Smt. Sunita Pal
 
Opposite Party :- Sri Bhupendra S. Chaudhary, D.M. Bijnor
 
Counsel for Applicant :- Gopal Misra
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant.

The grievance of the applicant is that the opposite party-contemnor has  intentionally and deliberately flouted the order of the Writ Court dated 15.10.2014 passed in Civil Misc. Writ Petition No. 55496 of 2014, copy of which is annexed as Annexure-1 to the affidavit accompanying the application, whereby the operation of the impugned order dated 16.08.2014, by which the financial and administrative power of the applicant  were ceased, has been stayed by the writ Court.

Learned counsel for the applicant  contends that the aforesaid order of the Writ Court was duly served upon the opposite party by registered post on  19.10.2014 and the copy of registry receipt has been filed as annexure-5 to the affidavit accompanying this application.  It is contended that the aforesaid order of the writ Court has not been complied with and 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 :- 28.11.2014

S.Ali