Harikant Mishra vs Sri. Manoj Kumar, State Election ...
2019 Latest Caselaw 6527 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4776 of 2019
 
Applicant :- Harikant Mishra
 
Opposite Party :- Sri. Manoj Kumar, State Election Commissioner, Uttar Pradesh And Another
 
Counsel for Applicant :- Shivajee Singh Sisodiya
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 7.3.2019 passed in Writ A No.3308 of 2019 filed by the applicant, the Court directed as under:

"Sri Rai appearing for the second respondent states that subject to verification of all facts and contentions on merits being left open, the claim of the petitioner for addition of services rendered as Tax Collector in the Nagar Palika Parishad Pilibhit shall be duly attended to by the said respondent and disposed of in accordance with law and preferably within a period of four months from the date of presentation of a certified copy of this order.

Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above."

Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 two months 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 stamped 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 parties shall comply with the directions of the writ court and intimate him of 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

RKP