Allahabad High Court
Smt. Rani vs Ramesh Gupta, Executive Officer, ... on 23 February, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 990 of 2021
Applicant :- Smt. Rani
Opposite Party :- Ramesh Gupta, Executive Officer, Nagar Panchayat
Counsel for Applicant :- Ravindra Prakash Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
This is second contempt application. First contempt application being Contempt Application (Civil) No. 4690 of 2020 was disposed of vide order dated 7.12.2020, which is quoted as under:-
"Heard learned counsel for the applicants.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 4.3.2020 passed by this Court in Writ Petition No. 8090 of 2020, wherein this Court has observed as under :-
"In our considered opinion, a mere notice does not give a cause of action. However, since the petitioner has been directed to submit reply, it is hereby provided that in case the petitioner submits reply within a period of two weeks from today, the same shall be considered strictly in accordance with law and after giving proper opportunity of hearing to all concerned an appropriate, reasoned and speaking order shall be passed within a further period of four weeks and until such disposal, no coercive measure shall be undertaken pursuant to the notice dated 27.1.2020."
It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 4.3.2020 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party is granted one month further time to comply with the order dated 4.3.2020 passed by this Court in Writ Petition No. 8090 of 2020.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties 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 parties 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 the order through the self-addressed envelop within a week thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage."
It is fairly admitted by learned counsel for the applicant that although notices of contempt application was sent by registered post but they were sent by the applicant himself, however, steps were not taken to supply duly stamp registered envelop to the office of this Court.
In such view of the matter, since the aforesaid order was passed by me, at this stage present contempt application stands disposed of by providing ten days further time to the applicant to take steps as already directed by the above quoted order dated 7.12.2020.
Office is directed to proceed accordingly in the matter.
However, the applicant is at liberty to file fresh contempt application in case the order of the Writ Court and the order passed by this Cout dated 7.12.2020 in the earlier contempt application as quoted above is not complied with.
Additionally, the applicant is permitted to communicate the copy of this order to the opposite party herein.
With the aforesaid observations, present contempt application stands disposed of at this stage.
Order Date :- 23.2.2021
Lalit Shukla
