Citation : 2023 Latest Caselaw 15022 ALL
Judgement Date : 12 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:103299 Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7715 of 2022 Applicant :- Babita Bharti Opposite Party :- Sri Naval Kishore,Secrtetary Counsel for Applicant :- Bhawesh Pratap Singh Counsel for Opposite Party :- Kushmondeya Shahi Hon'ble Rohit Ranjan Agarwal,J.
Civil Misc. Impleadment Application No.1 of 2023
1. Heard.
2. Allowed.
3. Counsel for the applicant is permitted to carry out necessary impleadment in the array of parties during course of the day.
Order on Contempt Application
1. Heard learned counsel for the applicant.
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 07.09.2022 passed by this Court in Writ -A No.12392 of 2022.
3. It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 07.09.2022 directing the opposite party to decide representation of applicant within a period of six weeks from the date of service of order. Copy of the said order was served to the opposite party through registered post on 13.09.2022, 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 newly impleaded opposite party No.2 is granted three months' further time to comply with the order dated 07.09.2022 passed by this Court in Writ-A No. 12392 of 2022 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 newly impleaded opposite party No.2 and another self-addressed envelope to the office within two weeks 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 concerned within one week thereafter and keep a record thereof.
7. The opposite party concerned 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 concerned 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 :- 12.5.2023
Kushal
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