Ram Pratap vs Rajiv Ratan Singh, Sub Divisional ...
2021 Latest Caselaw 7165 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1690 of 2021
 

 
Applicant :- Ram Pratap
 
Opposite Party :- Rajiv Ratan Singh, Sub Divisional Magistrate
 
Counsel for Applicant :- Ram Krishna Mishra,Ramesh Chandra Yadav
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the applicant.

The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 01.12.2020 passed by this Court in Public Interest Litigation No. 1359 of 2020 (Ram Pratap vs. State of U.P. and others).

The applicant before this Court filed a public interest litigation seeking direction to the respondents/opposite party to remove the encroachment over Sector Marg situated in Gata No. 112 at Mauja Kaudiya, Pargana & Tehsil Nizamabad, Police Station Phoolpur, District Azamgarh. Copy of the representation alongwith certified copy of the order of the Writ Court was served on 05.02.2021 but the same is still pending.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 01.12.2020 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 01.12.2020 passed by this Court in Public Interest Litigation No. 1359 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 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 applicants to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 6.7.2021

Shekhar