Sanjeev Kumar Singh vs Rajendra Kumar Tiwari, Principal ...
2015 Latest Caselaw 294 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2575 of 2015
 
Applicant :- Sanjeev Kumar Singh
 
Opposite Party :- Rajendra Kumar Tiwari, Principal Secretary, Home/Jail, Lko.
 
Counsel for Applicant :- Ashwani Kumar Yadav
 

 
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 30.8.2013 passed in Writ-A-No. 44999 of 2013, copy of which order has been annexed as annexure-1 to the affidavit accompanying this contempt application, whereby the writ Court had directed the  opposite party to decide the pending revision of the applicant expeditiously.

Learned counsel for the applicant  contends that the aforesaid order of the Writ Court was duly served upon the opposite party by registered post vide application dated 16.9.2013 copy of which has been filed as annexure-3 to the affidavit accompanying this application.   It is contended that the said revision is still pending consideration and the same has not yet been decided, therefore, there are no laches on the part of the applicant in approaching this Court. 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 :- 1.5.2015

faraz