Citation : 2023 Latest Caselaw 14131 ALL
Judgement Date : 3 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3886 of 2021 Applicant :- Kalu Singh Agariya Opposite Party :- Rajnish Kumar, Tehsildar Counsel for Applicant :- Rajeev Kumar Upadhyay Hon'ble Rohit Ranjan Agarwal,J.
1. On 04.10.2021, time was granted to seek instructions in the matter and almost two years' have elapsed, but no instructions have come, till date.
2. 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 13.08.2019 passed by this Court in Civil Misc. Writ Petition No.26135 of 2019.
3. It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 13.08.2019. Copy of the said order was served to the opposite party on 02.12.2019, but the said direction has not been complied with by the opposite party till date.
4. 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.
5. 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 13.08.2019 passed by this Court in Civil Misc. Writ Petition No.26135 of 2019 from the date of production of a certified copy of this order.
6. 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.
7. 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.
8. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 3.5.2023
SK Goswami
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