Devender Singh vs Aditi Singh, D.M.
2019 Latest Caselaw 6370 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4806 of 2019
 

 
Applicant :- Devender Singh
 
Opposite Party :- Aditi Singh, D.M.
 
Counsel for Applicant :- Namit Srivastava,Manoj Kumar Tripathi
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 25.01.2019 passed in Writ Petition No.2841 of 2018 (Devender Singh v. Chairman/Managing Director of U.P. Power Corporation Ltd. and others). For ready reference, the relevant extract of order dated 25.01.2019 is quoted as under:-

"In view of the above, we are of the view that the petitioner has alternative remedy of raising his grievance before the District Magistrate which, in the present case, would be District Magistrate, Hapur (second respondent).

The petition is, therefore, disposed off by giving liberty to the petitioner to make a fresh representation before the respondent no. 2 in respect of his grievance relating to award of compensation. If any such representation is filed, the District Magistrate shall pass a speaking order after giving opportunity of hearing to the parties concerned, preferably within a period of two months from the date of filing of such representation. If any such representation has already been filed, then fresh representation may not be filed but an application may be moved annexing therewith copy of the previous representation along with certified copy of this order."

Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a certified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.

The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.

Order Date :- 1.8.2019

A. Pandey