Vinod Kumar vs Vinod Kumar Gupta, Sub Divisional ...
2015 Latest Caselaw 2907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 2040 of 2015
 

 
Applicant :- Vinod Kumar
 
Opposite Party :- Vinod Kumar Gupta, Sub Divisional Magistrate Gola
 
Counsel for Applicant :- Rajesh Kumar Sharma
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicants.

Learned counsel for the applicants allege willful non-compliance of order of writ Court dated 26.2.2015, passed in Writ Petition No.1328 (MB) of 2015 ,Vinod Kumar vs. State of U.P. and others, whereby the writ court while disposing of the writ petition, directed the Sub Divisional Magistrate, Lakhimpur Kheri to look into the matter and pass appropriate order on the petitioner's application dated 6.12.2014 to the writ petition in accordance with law, after affording opporutnity of hearing to the petitioner expeditiously, say within a period of three months.

Submission of the petitioner's counsel is that the copy of the aforesaid order was served upon the contemnor on 11.4.2015. Thereafter th eopposit eparty issued notice to the pettioner on 4.6.2015 with the direction to the petitioner will appear on 10.56.2015. On 10.6.2015 petitioner appear and submitted written statement.  Submission of the Counsel is that inspite of long lapse of time, date no positive action has been taken to comply the order, which shows that opposite party is flouting the order with impunity.

After considering the submissions of learned counsel for the applicant and perusal of record, prima facie, a case for willful disobedience of court's order is made out against the opposite party.

Let notice be issued to opposite party  to appear before this Court on 6.11.2015  to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Courts Act for willful disobedience of the aforesaid order of the writ court.

List this case on 6.11.2015.

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party  need not to appear before this Court on the date fixed.

Counsel for the applicant is directed to furnish a copy of the contempt petition to Standing Counsel, who shall transmit the same to the opposite party no. 1 along with gist of this order at the earliest for information and necessary compliance.

Order Date :- 5.10.2015

MH/-