Smt. Sushila Devi vs Sri. Devi Sahai Tiwari, District ...
2019 Latest Caselaw 6658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4091 of 2019
 

 
Applicant :- Smt. Sushila Devi
 
Opposite Party :- Sri. Devi Sahai Tiwari, District Inspector Of Schools
 
Counsel for Applicant :- Ashok Kumar Pandey
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 24.4.2018 passed in Writ A No. 10492 of 2018 filed by the applicant, this Court directed as under:

"In the facts and circumstances, this writ petition stands disposed of permitting the petitioner to approach respondent no.2 in respect of his grievance, noticed above, alongwith certified copy of this order, within a period of two weeks from today. Petitioner shall be at liberty to annex all materials in support of her claim. In case such a claim is raised, the same shall be examined by the authority concerned, by means of a reasoned order to be passed, in accordance with law, within a further period of two months thereafter. "

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 one 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 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 :- 11.7.2019

A.K.Srivastava