Allahabad High Court
Ganga Ram vs Hardwari Lal on 19 October, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2434 of 2018
Applicant :- Ganga Ram
Opposite Party :- Hardwari Lal
Counsel for Applicant :- Shishir Chandra,Vishnu Pratap Singh
Counsel for Opposite Party :- Adnan Ahmad,Ajay Shukla,Girijesh Kumar Dwivedi,M.Y.Ansari
Hon'ble Rajeev Singh,J.
On 05.08.2022 this Court has passed the following order:-
"Heard Shri Shishir Chandra, learned counsel for the petitioner.
The instant petition has been preferred alleging wilful disobedience of the order/judgment passed by this Court dated 07.02.2018 passed in Writ Petition NO.22583 (R/C) of 2017, Hardwari Lal Vs. A.D.J., Court No.4, Lakhimpur Kheri and 2 others.
It is submitted that the writ court while passing the order dated 07.02.2018 had noted the undertaking of the petitioner (the respondent herein) that he would vacate the shop in question within a period of six months and in case if he failed to do so, he would be evicted the shop and shall also be liable to pay damages @ of Rs.5000/- per month from the date of the judgment.
Learned counsel for the petitioner submits that till date neither the aforesaid damages have been paid nor the respondent has vacated the shop. Learned counsel has further pointed out that the respondent had already preferred a review application bearing NO.67835 of 2018 in the said petition which also came to be dismissed on 06.04.2022 and the copy of the said order has been placed on record alongwith the affidavit dated 14.07.2022. It is submitted that earlier an order was passed in the instant contempt petition that the contempt petitioner will be taken up after the disposal of the review. However, the said impediment is now over; inasmuch as the review application stands dismissed.
Having noticed the aforesaid submissions and also noticing that none has put in appearance on behalf of the respondent despite the name of Shri Ajay Shukla, Brijesh Kumar Dwivedi and M. Y. Ansari shown as counsel for the respondents (who as informed by the learned counsel for the petitioner were permitted to appear on behalf of the respondents having been provided legal assistance from the legal aid). Since none has put in appearance nor the respondent is there, appropriately fresh notice be sent to the respondent returnable at an early date. Steps to be taken within three days.
List this matter again on 1st of September, 2022, on which date, the respondent shall personally appear before this Court"
On 12.10.2022 this Court has also passed the following order:-
"Shri Adnan Ahmad files his vakalatnama on behalf of respondent no. 1, which is taken on record.
Learned counsel for the respondent no. 1 has informed this Court that only yesterday i.e. 11.10.2022, he has received a letter from the High Court Legal Aid Committee to appear in the present case on behalf of the respondent no. 1.
It is further submitted that the complete file has yet not been provided to him. He prays for and is granted one week's time to prepare the case.
As prayed, list this case on 19.10.2022.
Shri Hardwari Lal-respondent shall appear before this Court on the next date of listing in compliance of the earlier of this Court dated 01.09.2022."
No one has put in appearance on behalf of the respondent even the name of four counsels,namely, Sri Adnan Ahmad, Sri Ajay Shukla, Sri Girijesh Kumar Dwivedi, and Sri M.Y.Ansari have been shown on his behalf in the cause list.
Let bailable warrant be issued against opposite party/ Hardwari Lal.
Chief Judicial Magistrate, District Kheri shall ensure presence of the respondent on the next date fixed.
List this Case on 30.11.2022.
Order Date :- 19.10.2022
dk/
