Citation : 2015 Latest Caselaw 2910 ALL
Judgement Date : 5 October, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 2037 of 2015 Applicant :- Daya Nath Yadav & Another Opposite Party :- Anil Dhingra, Collector, Distt. Faizabad Counsel for Applicant :- Surya Prakash Singh 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 26.5.2015, passed in Writ Petition No.2847 (SS) of 2015 ,Daya Nath Yadav and others vs. State of U.P. and others provided that if the persons junior to the petitioners have been engaged in collection work, the petitioners shall also be engaged.
Submission of the petitioner's counsel is that the copy of the aforesaid order was served upon the contemnor on 1.5.2015. followed by the dated 22.8.2015. but 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 affidavit 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/-
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