Rakesh Kumar Kaushik And 2 Others vs Sri Kamlesh Chandra, Adm
2021 Latest Caselaw 7235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2190 of 2021
 
Applicant :- Rakesh Kumar Kaushik And 2 Others
 
Opposite Party :- Sri Kamlesh Chandra, Adm
 
Counsel for Applicant :- Dhiresh Kumar,Prashant Kumar Tripathi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

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 05.03.2020 passed by this Court in First Appeal No. 11 of 2007 (Rakesh Kumar Kaushik vs. State of U.P. and another).

From the record, it transpires that on 05.03.2020 the appellate court in First Appeal No. 11 of 2007 had held that applicant was entitled to compensation @ Rs. 297 per square yard along with other statutory dues as held in First Appeal No. 910 of 2000 (Ghaziabad Development Authority vs. Kashiram and others). The certified copy of the order was served upon opposite party on 28.07.2020, copy of the receipt has been brought on record as Annexure-3 to the application. A reminder was also sent on 25.01.2021. Despite the said fact, the order has not been complied.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 05.03.2020 passed in the aforesaid first appeal.

However, no notice is issued to the opposite party at this stage. The opposite party is granted four months further time to comply with the order dated 05.03.2020 passed by this Court in First Appeal No. 11 of 2007 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 applicant to approach this court again.

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

Order Date :- 7.7.2021/V.S.Singh