Virendra Kumar Shukla vs Mr. Surya Pal Gangwar District ...
2015 Latest Caselaw 2953 ALL

Citation : 2015 Latest Caselaw 2953 ALL
Judgement Date : 6 October, 2015

Allahabad High Court

Virendra Kumar Shukla vs Mr. Surya Pal Gangwar District ... on 6 October, 2015

Bench: Devendra Kumar Arora




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 2039 of 2015
 

 
Applicant :- Virendra Kumar Shukla
 
Opposite Party :- Mr. Surya Pal Gangwar District Magistrate/Collector & Ors.
 
Counsel for Applicant :- Pankaj Kumar Tiwari
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard.

Petitioner has filed instant contempt petition alleging willful non-compliance of the order dated 19.9.2011 passed in writ petition no. 6017 of 2004; Virendra Kumar Shukla vs. State of U.P. and others.

Vide order dated 19.9.2011, the writ court provided that in case the petitioner produces an order of competent court declaring him to be heir and legal representative of deceased Anjani Kumar Shukla, the respondents may consider his claim with respect to payment of dues to which the late Anjani Kumar Shukla was entitled.

Counsel for the petitioner contends that after getting the Succession Certificate from the competent court on 6.5.2015, he gave an application to the respondent on 11.4.2015 followed by reminder but till date no positive action has been taken to comply the order and pay the dues of late Anjani Kumar Shukla, 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 2.11.2015.

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 Standing Counsel, who shall transmit the same to the opposite party alongwith gist of order at the earliest for information and compliance.

List on 2.11.2015.

Order Date :- 6.10.2015

MH/-