Abdul Ahad vs Brahmanand, Executive Engineer
2021 Latest Caselaw 7343 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2278 of 2021
 
Applicant :- Abdul Ahad
 
Opposite Party :- Brahmanand, Executive Engineer
 
Counsel for Applicant :- Santosh Kumar Jaiswal
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Santosh Kumar Jaiswal, 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 27.01.2021 passed by this Court in Writ Petition No. 233 of 2021 (Abdul Ahad vs. State of U.P. and 4 others).

It is contended that applicant had approached this Court for payment of retiral dues. The writ Court while disposing of Writ-A No. 233 of 2021 had required the opposite party to decide the claim within four months. Copy of the order was served by registered post on 01.02.2021. Copy of the postal receipt has been brought on record as annexure-4 to the writ petition.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 27.01.2021 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 27.01.2021 passed by this Court in Writ Petition No. 233 of 2021 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 :- 8.7.2021/V.S.Singh