Disposed

Lala Ram v. Shailendra Kumar, S.D.O. Dakshinanchal Vidyut Vitran Nigam Ltd. and Another

Allahabad HC10 May 2019CAPL/2923/2019

Case brief

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What is this about?

In a contempt application, the Court preliminarily found a prima facie case of non-compliance with a prior writ order. It granted the opposite party a final chance to comply within four weeks by facilitating service of the writ order through a registered post system.

What did the court decide?

Grant of four weeks for the opposite party to comply with the prior writ order, facilitated by service through registered post.

Lala Ram Vs Shailendra Kumar, S.D.O. Dakshinanchal… — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2923 of 2019

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Applicant :- Lala Ram Opposite Party :- Shailendra Kumar, S.D.O. Dakshinanchal Vidyut Vitran Nigam Ltd. And Another Counsel for Applicant :- Ram Sajiwan Prajapati

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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By order dated 11.12.2018 passed in Writ C No. 40671 of 2018 filed by the applicant, this Court directed as under:

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"In case, the petitioner approaches the appropriate authority for redressal of his grievance within 10 days from today, his application may be considered and decided by the said authority in accordance with law within 30 days from the date of receipt of a certified copy of this order by a speaking order after giving opportunity of hearing to the petitioner.

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For a period of 40 days or till the matter is decided by the authority concerned, whichever is earlier, no coercive action shall be taken against the petitioner.

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With the aforesaid observation, the writ petition is finally disposed of. "

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within four weeks from the date of production of a certified copy of this order.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within one week 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.

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The opposite party shall comply with the directions of the writ

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court and intimate the order to the applicant through the selfaddressed envelope within a week thereafter.

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With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

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Order Date :- 10.5.2019 A.K.Srivastava

Lala Ram v. Shailendra Kumar, S.D.O. Dakshinanchal Vidyut Vitran Nigam Ltd. and Another

Case brief

What is this about?

What did the court decide?

Lala Ram v. Shailendra Kumar, S.D.O. Dakshinanchal Vidyut Vitran Nigam Ltd. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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