The High Court in a contempt application dismissed the applicant's plea due to a lack of proof regarding willful disobedience. The court noted the recall application was filed years after the impugned order. It left open the applicant's right to re-approach the court if disposal becomes inordinately delayed.
Null.
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Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 338 of 2018
Applicant :- Satya Narayan Patel Opposite Party :- Jagdamba Prasad Singh, Sdo, Madiahun, Jaunpur
Counsel for Applicant :- Mr Sanjay Kumar,Sunil Kumar Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
A writ petition preferred by the applicant was disposed of on 4.8.2017 with liberty to file an application for recall. The recall itself was sought in respect of an order dated 12.10.2009. It is not disputed that this application for recall itself moved only on 28.8.2017.
From a perusal of the order-sheet which has been filed alongwith the supplementary affidavit tendered today, this Court finds itself unable to hold that the opposite party is guilty of willful and deliberate disobedience. The petition is consequently dismissed. It is however left open to the applicant to approach this Court again in case the disposal is inordinately delayed.
Order Date :- 7.5.2018 A.K.Srivastava
3 issues framed by the court
Whether the opposite party is guilty of willful and deliberate disobedience justifying the granting of a recall application.
Whether to allow the applicant to file a recall application four years after the impugned order was passed.
How to determine if the disposal of the petition has been inordinately delayed to warrant reopening the matter.
Satya Narayan Patel
Yashwant Varma
A.K. Srivastava
As recorded by the court registry
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