Allahabad High Court
C/M Sri Chitragupta Post Graduate ... vs Dr. Arvind Kumar Dixit, Vice ... on 8 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4006 of 2019
Applicant :- C/M Sri Chitragupta Post Graduate Degree College/Mahavidyalaya
Opposite Party :- Dr. Arvind Kumar Dixit, Vice Chancellor Of Dr. Bheem Rao Ambedkar University
Counsel for Applicant :- Arvind Srivastava Iii,Anish Kumar Sinha
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 party for wilful disobedience of the order dated 29.03.2019 passed in Writ C No. 10629 of 2019 (Committee of Management, Sri Chitragupta Post Graduate College, Mainpur vs. State of U.P. & 2 Others)), which for ready reference is quoted as under:-
"Heard learned counsel for the parties.
The only prayer made by learned counsel for the petitioners is that the application for approval of election set up by the petitioners may be decided within a stipulated period of time.
The elections have been held consequent to the order entered by the Division Bench of this Court dated 29.08.2018 in Special Appeal No. 796 of 2018, the Kayastha Sabha Mainpuri and another Vs. Union of India and Others.
Sri Avneesh Tripathi, learned counsel for the respondent University and Sri A. R. Dubey, learned counsel for the respondent no. 3 do not have any objection to the prayer made by learned counsel for the petitioner.
No useful purpose would be served by keeping the writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
Matter is remitted to the respondent no. 2, Vice Chancellor, Dr. Bheem Rao Ambedkar University, Agra.
The Vice Chancellor, Dr. Bheem Rao Ambedkar University, Agra is directed to decide the representation of the petitioner regarding the approval of the election set up by the petitioners within a period of two months from the date of receipt of a certified copy of this order. The Vice Chancellor, Dr. Bheem Rao Ambedkar University, Agra shall afford an opportunity of hearing to the respondent no. 3 and all other necessary parties before passing any order.
It is clarified that this Court has not gone into the veracity of the assertions of the writ petition nor has judged the claim of the petitioners on merits. It is for the competent authority to do so with an independent application of mind and in accordance with law.
The writ petition is disposed of finally."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has 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 party to comply with the aforesaid order of the Court within a month 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 party 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 party within one week, thereafter and keep a record thereof. The opposite party 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 party within the stipulated time as aforementioned.
Order Date :- 8.7.2019
VR
