Citation : 2021 Latest Caselaw 7837 ALL
Judgement Date : 12 July, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2322 of 2021 Applicant :- Sri Prakash Opposite Party :- Shri Sanjeev Singh D.M. Counsel for Applicant :- Kamlesh Kumar Singh Hon'ble Vivek Kumar Birla,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 05.01.2021 passed by this Court in Public Interest Litigation (PIL) No. 1403 of 2020 (Sri Prakash Vs. State of U.P. and 32 Others).
Regarding service, attention of this Court was drawn to annexure no. 5 to the petition and at the registry receipt dated 16.1.2021. However, on perusal of the order of the Writ Court dated 05.01.2021, I find that the Writ Court has directed the petitioner to approach the Collector with a copy of the petition along with a computer generated copy of the (Writ) Court's order then the Collector shall decide the representation.
The representation filed before the Collector nowhere indicates that the copy of the petition has been supplied and no assertion has been made in the entire affidavit in this regard.
In such view of the matter, present contempt applicant stands disposed of with liberty to the applicant to approach the Collector afresh by complying the observations made by the Writ Court in its order dated 5.1.2021.
The applicant is also at liberty to supply the self-attested copy of this order along with a copy of the petition and a computer generated copy of the order of the Writ Court etc. as already observed by the Writ Court.
As prayed by learned counsel for the applicant, 15 days further time from today is granted to the applicant to approach the Collector.
Order Date :- 12.7.2021
Aditya
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