Basawan Singh Yadav vs Ms. Aryika Akhauri, D.M.
2023 Latest Caselaw 1147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7977 of 2022
 

 
Applicant :- Basawan Singh Yadav
 
Opposite Party :- Ms. Aryika Akhauri, D.M.
 
Counsel for Applicant :- Vinod Kumar Singh
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 20.09.2021 (corrected on 22.10.221) passed in Writ A No. 12330/2021 filed by the applicant, the writ Court directed as under:

"Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the respondent no. 2 to consider and decide the representation of the petitioner in light of judgment of this Court dated 16.07.2021 expeditiously, if possible within eight weeks from the date of production of computer generated copy of this order after verifying the same from official website of Allahabad High Court. Petitioner is given liberty to annex photocopy of the representation alongwith judgment of this Court dated 16.07.2021 before the respondent no. 2.

It is made clear that this Court has not adjudicated the case on merit. It is upon the respondent no. 2 to pass order after considering the facts as well as relevant Rules and Government Order etc. occupying the field. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 09.11.2021, 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 :- 11.1.2023

Amit Mishra