Pratosh Kumar Sharma vs Sri Deepak Kumar,Principal ...
2021 Latest Caselaw 6869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2010 of 2021
 

 
Applicant :- Pratosh Kumar Sharma
 
Opposite Party :- Sri Deepak Kumar,Principal Secretary
 
Counsel for Applicant :- Vikas Chandra Srivastava
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Despite successful video link being sent to the learned counsel for the applicant, no one has appeared on behalf of the applicant.

The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 08.12.2020 passed by this Court in Writ Petition No. 11431 of 2020 (Pratosh Kumar Sharma vs. State of U.P. and others).

From the perusal of the record, it transpires that on 08.12.2020 this Court in Writ-A No. 11431 of 2020 had directed the Principal Secretary, Urban Planning & Development, Government of U.P. Lucknow to decide the representation of the petitioner by a reasoned and speaking order within three months. In paragraph no. 17 of the affidavit to the application, it is stated that a detailed representation was sent by registered post on 19.12.2020. Copy of the representation alongwith postal receipt has been brought on record as annexure No. 2 to the affidavit. It appears that some correspondence took place between the office of opposite party no. 1 and the applicant. In paragraph no. 20, it is alleged that the concerned department is not willing to take up the matter of applicant and bring it to its logical end.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 08.12.2020 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 08.12.2020 passed by this Court in Writ-A No. 11431 of 2020 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 :- 30.6.2021

Shekhar