Arvind Kumar Baishakhiya vs Shri Kushvinder Vohra Chairman ...
2023 Latest Caselaw 11243 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1706 of 2023
 

 
Applicant :- Arvind Kumar Baishakhiya
 
Opposite Party :- Shri Kushvinder Vohra Chairman ,Executive Committee Betwa River Boardand 2 Others
 
Counsel for Applicant :- Rohit Pandey
 
Counsel for Opposite Party :- Subodh Kumar
 

 
Hon'ble Rohit Ranjan Agarwal,J.

1. On 17.03.2023, learned counsel for the applicant was directed to serve a copy of the contempt application upon Sri Subhodh Kumar, which the counsel for the applicant has done, but no one has put in appearance on behalf of the opposite party.

2. This Court finds that the writ Court on 05.08.2022 while disposing of the Writ-A No.14121 of 2010 had required the opposite party to take decision in the matter within three months.

3. The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 05.08.2022 passed by this Court in Civil Misc. Writ Petition No.14121 of 2010.

4. It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 05.08.2022. Copy of the said order was served to the opposite party through registered post on 26.08.2022, but the said direction has not been complied with by the opposite party till date.

5. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.

6. 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 05.08.2022 passed by this Court in Civil Misc. Writ Petition No.14121 of 2010 from the date of production of a certified copy of this order.

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

8. 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.

9. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.

10. With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 17.4.2023

SK Goswami