Shiv Karan vs Sri Anil Kumar Iii, Managing ...
2021 Latest Caselaw 7156 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1674 of 2021
 

 
Applicant :- Shiv Karan
 
Opposite Party :- Sri Anil Kumar Iii, Managing Director U.P. Jal Nigam And Another
 
Counsel for Applicant :- Awadhesh Kumar
 

 
Hon'ble Rohit Ranjan Agarwal,J. 

Heard Sri Awadhesh Kumar, 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 20.11.2020 passed by this Court in Writ-A No.9826 of 2020 (Shiv Karan vs. State of U.P. and 3 others).

It is contended that vide order dated 20.11.2020, this Court directed the opposite party no.2 to decide the representation of the applicant within a period of two months. The said order was communicated to the opposite party no.2 through registered post on 26.11.2020. Copy of the postal receipt has been brought on record as Annexure No.7 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 20.11.2020 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party no.2 at this stage. The opposite party no.2 is granted three months further time to comply with the order dated 20.11.2020 passed by this Court in Writ- A No.9826 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 no.2 within one week thereafter and keep a record thereof.

The opposite party no.2 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 no.2 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