Virendra Pratap Singh vs Shailendra Kumar,Assistant ...
2021 Latest Caselaw 7117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1664 of 2021
 

 
Applicant :- Virendra Pratap Singh
 
Opposite Party :- Shailendra Kumar,Assistant Collector/Tehsildar
 
Counsel for Applicant :- Neelesh Kumar Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J. 

Despite successful Video Link having been sent, no one appeared on behalf of 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 25.08.2020 passed by this Court in Public Interest Litigation (PIL) No.794 of 2020 (Virendra Pratap Singh vs. State of U.P. and 8 others).

From the record, it reveals that vide order dated 25.08.2020, this Court directed the opposite party to decide the proceeding under Section 67 of the U.P. Revenue Code, 2006 within a period of six months. The said order was communicated to the opposite party through registered post on 14.09.2020. Copy of the postal receipt has been brought on record as Annexure No.8 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 25.08.2020 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 25.08.2020 passed by this Court in Public Interest Litigation (PIL) No.794 of 2020 (Virendra Pratap Singh vs. State of U.P. and 8 others) 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 :- 6.7.2021

SK Goswami