Barmeshwar Nath Thakur vs Ajay Kumar Srivastava, District ...
2021 Latest Caselaw 6540 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1848 of 2021
 

 
Applicant :- Barmeshwar Nath Thakur
 
Opposite Party :- Ajay Kumar Srivastava, District Panchayat Raj Adhikari
 
Counsel for Applicant :- Sanjay Kumar Mishra,Sudhir Kumar Shukla
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant through video conferencing.

By order dated 13.2.2020 passed in Writ A No. 2202 of 2020 filed by the applicant, the Court directed as under:

"In view of the above, the respondent no. 4 is directed to consider and decide the representation of petitioner dated 07.12.2019, in accordance with law, in the light of the judgment of this Court in case of Mohd. Husain (Supra) and the law laid down by the Apex Court in case of S. Banerji vs. Union of India, 1990-LIC-0-298 It is expected that the entire exercise shall be undertaken within a period of four months from the date of receipt of certified copy of this order.

Writ petition stands disposed of. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped 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 party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate it to the applicant through the self-addressed envelop within a week thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 22.6.2021

A.K.Srivastava