Om Prakash & 11 Others vs Neha Sharma, District ...
2017 Latest Caselaw 933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2274 of 2017
 
Applicant :- Om Prakash & 11 Others
 
Opposite Party :- Neha Sharma, District Magistrate, Firozabad & 2 Others
 
Counsel for Applicant :- Bed Kant Mishra
 

 
Hon'ble Anjani Kumar Mishra,J.

This Contempt Application has been filed alleging wilful disobedience of the interim order dated 02.04.2004 passed in Civil Misc. Writ Petition No.13375 of 2004, filed by the petitioner.

The contention of learned counsel for the applicant is that they have been depositing the instalments to repay the loan taken by them. Even then and despite the interim order dated 02.04.2004 recovery certificates are being issued each year.

It is also contended that the statement of account required to be provided by the order dated 02.04.2004 has not been supplied to the applicant.

Since, a fresh recovery notice / citation has been issued, the same must have been issued to recover some outstanding amount which has not been paid. This issue as to whether the citation issued,  is justified or not, cannot be determined by the contempt court.

The only direction which appears to have been violated is that statement of account has not been furnished by the Awas Evam Vikas Parishad, U.P. Lucknow to the applicants.

The statement of account was required to be furnished to the applicant within a period of six weeks of the order dated 02.04.2004. The applicant has come up, alleging wilful disobedience of this order after 13 years have elapsed.

In view of Section 20 of the Contempt of Courts Act, notices on this contempt application are not liable to be issued and the instant application is barred by time.

The contempt application is accordingly dismissed.

Order Date :- 19.5.2017

RKM