Citation : 2015 Latest Caselaw 2908 ALL
Judgement Date : 5 October, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 2036 of 2015 Applicant :- Purushottam Pandey Opposite Party :- Shri Gyan Chanra Yadav Counsel for Applicant :- Vijay Kumar Shukla Hon'ble Dr. Devendra Kumar Arora,J.
Heard.
Petitioner has filed instant contempt petition alleging willful non-compliance of the order dated 25.5.2015 passed in writ petition no. 4418(MB) of 2015; Purshottam Pandey vs. State of U.P. and others.
Vide order dated 25.5.2015, the writ court while disposing of the writ petition provided that if the petitioner makes an appropriate representation before the Executive Engineer concerned within a week from today, the Executive Engineer shall take an appropriate decision thereupon, preferably within four weeks of making such representation.
Counsel for the petitioner contends that though he has served the copy of the order on 25.5.2015 personally in the office of opposite party t but till 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 the petitioner and perusal of record, prima-facie a case for contempt is made out.
Issue notice to opposite parties fixing 6.11.2015.
On that date opposite parties shall appear in person before this court to show cause as to why proceedings under the Contempt of Court may not be initiated for willful disobedience of the aforesaid order. It is clarified, that if the order of the writ court is complied with in its true spirit before the date fixed, the opposite parties need not appear on the date fixed and shall file only an affidavit of compliance of the order.
Counsel for the petitioner is directed to furnish a copy of the petition to Sri Amit Singh Bhadauria, Counsel of the Power Corporation, who shall transmit the same to the opposite party alongwith gist of order at the earliest for information and compliance.
List on 6.11. 2015.
Order Date :- 5.10.2015
MH/-
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