Allahabad High Court
Dr Pankaj Rajhansh vs Sri Amit Verma S.S.P. on 13 July, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2346 of 2021
Applicant :- Dr Pankaj Rajhansh
Opposite Party :- Sri Amit Verma S.S.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant through video conferencing.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 25.7.2019 passed by this Court in Writ-C No. 24079 of 2019 wherein this Court has observed as under :-
"Considering the facts and circumstance of the case, it is provided that in case the petitioner is aggrieved with any illegal act of the respondents, the petitioner, if so advised, may take proceedings before the common law court in accordance with law for redressal of his grievances. However, it is made clear that if the danger to the life and property of the petitioner is still persisting, he may approach the Senior Superintendent of Police concerned ventilating his grievances, who shall look into the matter personally and do the needful in accordance with law. "
By drawing attention to the report of the Circle Officer, Badagaon dated 27.1.2020 annexure 7 to the affidavit, it is submitted that there is a danger to the life and property of the petitioner and he is raising his grievance before the Senior Superintendent, Badagaon since long but no orders have been passed. It is stated that in spite of service upon the opposite party, no order has yet been passed. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 25.7.2019 passed in the aforesaid writ petition.
At this stage, learned Standing counsel who is present through video conferencing stated that for the purpose of providing security there is a District Level Committee available in every district headed by the District Magistrate.
Be that as it may, a direction has been given to the Senior Superintendent of Police who shall look into the matter and do the needful in accordance with law. Therefore, it is left at the discretion of the Senior Superintendent of Police to act strictly in accordance with law on its own merits.
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 judgment and order dated 25.7.2019 passed by this Court in Writ-C No. 24079 of 2019.
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 :- 13.7.2021
Abhishek
