Vivek Prakash Srivastava vs Prashant Trivedi, Principal ...
2019 Latest Caselaw 6445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4804 of 2019
 

 
Applicant :- Vivek Prakash Srivastava
 
Opposite Party :- Prashant Trivedi, Principal Secretary
 
Counsel for Applicant :- Rajnish Kumar Srivastava
 

 
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 06.07.2018 passed in Writ-A No.14511 of 2018 (Dr. Vivek Prakash Srivastava v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 06.07.2018 is quoted as under:-

"This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent to take a decision on the petitioner's application dated 19.03.2018 in accordance with law within a period of two months from the date a certified copy of this order is received in his office.

It is made clear that the Court has not adjudicated the claim of the petitioner on merits."

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