Ganga Avtaran Singh vs Vinay Kumar ...
2021 Latest Caselaw 6934 ALL

Citation : 2021 Latest Caselaw 6934 ALL
Judgement Date : 1 July, 2021

Allahabad High Court

Ganga Avtaran Singh vs Vinay Kumar ... on 1 July, 2021

Bench: Manish Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 
Case :- CONTEMPT No. - 259 of 2021
 
Applicant :- Ganga Avtaran Singh
 
Opposite Party :- Vinay Kumar Mishra,S.D.M.,Tehsil Mahrajganj,Raibarelly
 
Counsel for Applicant :- Vaibhav Misra,Pramod Awasthi
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner/applicant.

The present contempt petition has been filed by the petitioner/applicant against the Opposite Party for not complying the judgment/order dated 29.08.2019 passed in Writ Petition No.15106 (M/S) of 2019.

The petitioner/applicant has moved a representation on 06.09.2019 and as per direction of this Court the same was to be decided within 3 months which period expired on 06.12.2019 and the present contempt petition has been filed on 28.01.2021 after more than one year from the date by which the authorities were suppose to pass an order in compliance of the order and judgement of this Court.

The contempt petition preferred by the petitioner/applicant is barred by limitation u/s 20 of the Contempt of Courts Act, 1971, wherein it has been provided that:-

"No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

The application for initiating contempt proceedings has been filed after the expiry of one year period from the point of view of limitation. The heading of Section 20 of the Contempt of Courts Act, 1971 is limitation for actions for contempt. Section 20 strikes at the jurisdiction of the Court to initiate any proceedings for contempt. Section 20 prohibits the Court in taking action once a period of one year is elapsed.

From the discussion made hereinabove, the contempt petition preferred by the petitioner/applicant is barred by limitation as provided u/s 20 of the Contempt of Courts Act, 1971 and hence, the same is dismissed.

Order Date :- 1.7.2021

S. Kumar