Disposed

Om Prakash Sharma v. Mr. Om Prakash Arya, D.M.

Allahabad HC16 Mar 2020CAPL/1699/2020

Case brief

AI extract

What is this about?

In a contempt application, the Court observed the opposite party's failure to comply with a prior writ order. The applicant moved for punishment under the Contempt of Courts Act. The Court did not proceed to adjudicate the levy of punishment but instead granted the opposite party a final opportunity to comply within thirty days.

What did the court decide?

The opposite party was granted thirty days from the date of service of this order to comply with the prior Writ Court directions.

Om Prakash Sharma Vs Mr. Om Prakash Arya, D.M. — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1699 of 2020

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Applicant :- Om Prakash Sharma Opposite Party :- Mr. Om Prakash Arya, D.M. Counsel for Applicant :- Yadvendra Pratap Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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Advocates are abstaining from judicial work.

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By order dated 27.9.2019 passed in PIL No. 1814 of 2019 filed by the applicant, this Court directed as under:

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"Having considered the facts stated above, we deem it appropriate to dispose of this petition for writ by directing the District Magistrate, Ghazipur to decide the representation referred above within a period of six weeks in accordance with law from the date the petitioner presents a certified copy of this order before him.

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The writ petition stands disposed of. "

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It appears from the record 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 thirty days 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 stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the selfaddressed 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 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

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application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

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Order Date :- 16.3.2020 A.K.Srivastava

Om Prakash Sharma v. Mr. Om Prakash Arya, D.M.

Case brief

What is this about?

What did the court decide?

Om Prakash Sharma v. Mr. Om Prakash Arya, D.M.

Case brief

What is this about?

What did the court decide?

What the court decided

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