Suresh Kumar Srivastava vs Vimal Kumar Agrawal, Chief ...
2019 Latest Caselaw 5584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4013 of 2019
 

 
Applicant :- Suresh Kumar Srivastava
 
Opposite Party :- Vimal Kumar Agrawal, Chief Revenue Officer And Another
 
Counsel for Applicant :- Ashok 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 opposite parties for wilful disobedience of the order dated 07.02.2019 passed in Writ-A No. 635 of 2019 (Suresh Kumar Srivastava vs. State of U.P. & 3 Others)), which for ready reference is quoted as under :-

"Heard learned counsel for the petitioner and Sri Vikram Bahadur Yadav learned Standing Counsel for the State.

Learned Standing Counsel appearing for the third respondent states that subject to all contentions on merits being kept open, the claim of the petitioner for promotion shall be duly attended to by the said respondent and disposed of in accordance with law and preferably within a period of three 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, has 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite parties shall comply with the directions of the writ Court and intimate the applicant 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 :- 8.7.2019

VR