Mohan Shyam Sharma vs Manish Bhadauriya, Tehsildar
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Allahabad High Court

Mohan Shyam Sharma vs Manish Bhadauriya, Tehsildar on 3 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:587
 
Court No. - 51
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 9311 of 2023
 

 
Applicant :- Mohan Shyam Sharma
 
Opposite Party :- Manish Bhadauriya, Tehsildar
 
Counsel for Applicant :- Santosh Kumar Singh
 

 
Hon'ble Vikas Budhwar,J.
 

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 23.08.2022 passed by this Court in P.I.L. No. 1466 of 2022 (Mohan Shyam Sharma Vs. State of U.P. and 5 others).

In paragraphs- 7, 8 and 9 of the contempt application, it has been asserted that the copy of the order of the Writ-Court was made available to the opposite party on 23.08.2022 and 31.10.2022 and further in the order-sheet depicts that only the dates have been fixed and the proceedings have not been concluded though there was a direction to conclude the proceedings within a time bound manner.

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.

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 23.08.2022 passed by this Court in P.I.L. No. 1466 of 2022 (Mohan Shyam Sharma Vs. State of U.P. and 5 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 :- 3.1.2024

N.S.Rathour