Citation : 2021 Latest Caselaw 7011 ALL
Judgement Date : 5 July, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2112 of 2021 Applicant :- Prem Pal Singh Opposite Party :- Radhe Shayam Yadav,General Manager Jalkal Dipartment Nagar Nigam Counsel for Applicant :- Vivek Kumar Sharma Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicant.
The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 09.12.2020 passed by this Court in Writ -A No.10868 of 2020 (Prem Pal Singh vs. State of U.P. and 2 others).
It is contended that since retiral dues of the applicant were not paid, he approached this Court by filing the aforesaid writ petition in which vide order dated 09.12.2020, this Court directed the opposite party to consider the decide the grievance of the petitioner within a period of three months from the date of filing of fresh representation. It is said that the applicant had moved the fresh representation along with copy of order of writ Court before the opposite party on 16.12.2020. Copy of the receipt has been brought on record as annexure No.4 to the affidavit to the contempt application, but the said direction has not been complied with by the opposite party till date.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 09.12.2020 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 09.12.2020 passed by this Court in Writ-A No. 10868 of 2020 from the date of production of a self verified 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 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.
Order Date :- 5.7.2021
Kushal
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