Kumari Priyanka (Minor) And ... vs Shri Alok Kumar Singh,D.M.
2023 Latest Caselaw 4103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 840 of 2023
 

 
Applicant :- Kumari Priyanka (Minor) And Another
 
Opposite Party :- Shri Alok Kumar Singh,D.M.
 
Counsel for Applicant :- Shivam Yadav,Jaysingh Yadav
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 18.08.2022 passed in Writ C No. 23463/2022 filed by the applicant, the writ Court directed as under:

"The Order dated 14.06.2022 is set aside. The petitioners shall make a fresh representation annexing therewith a copy of the judgment rendered by the Division Bench in Writ-C No.28249 of 2021: Kusum Lata Yadav Vs. State of U.P. and four others. The District Magistrate Lalitpur shall consider the duty that was performed by Late Raj Bahadur Singh as Booth Level Officer for revision of voter list and take an appropriate decision within a period of eight weeks from the date a copy of this order is produced before him. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 30.08.2022, 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 writ Court within one month 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 him of the order 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.

Order Date :- 8.2.2023

Amit Mishra