Dr. Atul Ashutosh Gubrele @ Atul ... vs Umakant Tripathi, Additional District ...
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Allahabad High Court

Dr. Atul Ashutosh Gubrele @ Atul ... vs Umakant Tripathi, Additional District ... on 4 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1136
 
Court No. - 51
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 9334 of 2023
 

 
Applicant :- Dr. Atul Ashutosh Gubrele @ Atul Ashutosh Sharan
 
Opposite Party :- Umakant Tripathi, Additional District Magistrate (Finance And Revenue) And Another
 
Counsel for Applicant :- Sudhir Kant Dixit,Samar Singh
 

 
Hon'ble Vikas Budhwar,J.
 

Heard Sri S.K. Dixit, 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 16.06.2010 passed by this Court in Writ-A No. 35243 of 2010 (Dr. Sandeep Singh & others Vs. State of U.P. and others).

It is the contention of the learned counsel for the applicant that the order in question was communicated to the opposite party and there happens to be a communication dated 01.10.2010 and also 07.09.2022 of the Additional District Magistrate (Finance & Revenue), who is the Administrative/ Authorized Controller of Pt. Jawahar Lal Nehru College, Banda, District & Mandal- Banda. He submits that the respondents have committed contempt of the order of the Writ-Court.

However, I am unable to subscribe the same, particularly in view of the provisions contained under Section 20 of the Limitation Act, which itself provides that no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. Since the present contempt petition has been preferred approximately after a period of 13 years and in view of the bar contained under Section 20 of the Contempt of Courts Act as well as the judgment in the case of Pallav Seth Vs. Custodian, (2001)7 SCC 549, notices in this regard cannot be issued that too at a belated stage.

Accordingly, the contempt petition is consigned to record.

Order Date :- 4.1.2024

N.S.Rathour