Vijay Singh Yadav vs Jawaher Lal Srivastava, Sub ...
2019 Latest Caselaw 6061 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3832 of 2019
 

 
Applicant :- Vijay Singh Yadav
 
Opposite Party :- Jawaher Lal Srivastava, Sub Divisional Magistrate
 
Counsel for Applicant :- Suresh Kumar Maurya,Uday Singh Yadav
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 1.2.2019 passed in Writ C No. 3660 of 2019 filed by the applicant, this Court directed as under:

"In the facts and circumstances of the case, petitioner is directed to file an appropriate application/representation before the concerned authority within two weeks from today in case such as application/representation is filed, the concerned authority is directed to pass an appropriate orders on the representation of the petitioner expeditiously, preferably within a period of three months from the date of filing application/representation along with a certified copy of this order.

With the above direction, the writ petition stands finally disposed of. No order as to costs. "

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 writ 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 party 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 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 order to the applicant through the self-addressed envelope 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 :- 9.7.2019

A.K.Srivastava