Heeralal vs Mr Avinash Kumar And Another
2024 Latest Caselaw 3141 ALL

Allahabad High Court

Heeralal vs Mr Avinash Kumar And Another on 5 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:19021
 
Court No. - 51
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 610 of 2024
 

 
Applicant :- Heeralal
 
Opposite Party :- Mr Avinash Kumar And Another
 
Counsel for Applicant :- Lavlesh Kumar Sharma
 

 
Hon'ble Vikas Budhwar,J.
 

On the oral request of the learned counsel for the applicant, he is permitted to remove Opposite Party no.1 and renumber Opposite Party no.2 as Opposite Party no.1.

Heard learned counsel for the applicant.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act alleging non-compliance of the order dated 21.09.2023 passed by the Writ-Court in Writ-C No. 27640 of 2023 (Heeralal Vs. State of U.P. and 6 others), which required the opposite party to decide the proceedings under Section 24 of the U.P. Revenue Code, 2006 within a period of three months.

It is contended that the order of the Writ-Court had been served upon the opposite party on 06.10.2023, but till date the same has not been complied with.

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

However, no notice is issued to the opposite party at this stage. The opposite party is granted two months' further time to comply with the order dated 21.09.2023 passed by the Writ-Court in Writ-C No. 27640 of 2023 (Heeralal Vs. State of U.P. and 6 others) from the date of production of a certified copy of this order.

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

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.

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

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

Order Date :- 5.2.2024

N.S.Rathour