Disposed

Sri Ram v. Sri Gaurav Kumar, S.D.O.

Allahabad HC8 Jun 2021CAPL/1610/2021

Case brief

AI extract

What is this about?

In this contempt application, the court addressed the non-implementation of a writ order directing compliance by a Sub Divisional Officer regarding a land revenue case. Instead of granting punishment, the court gave the opposite party a last opportunity to comply within three months.

What did the court decide?

Opposite party granted three months to comply with the writ order; case disposed of with liberty to file another application if compliance fails.

Sri Ram Vs Sri Gaurav Kumar, S.D.O. — Contempt of Court | Allahabad HC (2021)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1610 of 2021

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Applicant :- Sri Ram Opposite Party :- Sri Gaurav Kumar, S.D.O. Counsel for Applicant :- Ashish Kumar Srivastava,Pratima Srivastava

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant through video conferencing.

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By order dated 29.11.2019 passed in Writ C No.38789 of 2019 filed by the applicant, the Court directed as under:

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"The grievance urged in the instant petition is that the order passed by the Sub Divisional Officer dated 30.6.2008 in Case No. 135 under Section 29/41 of the Land Revenue Act, has not been implemented so far.

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The petition is disposed of with liberty to the petitioner to approach the Sub Divisional Officer concerned with the grievance and in which event he will take necessary steps for redressal of the grievance."

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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 Court within three months 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 one week 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 recorded thereof.

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The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop 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

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party within the stipulated time as aforementioned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 8.6.2021 RKP

Sri Ram v. Sri Gaurav Kumar, S.D.O.

Case brief

What is this about?

What did the court decide?

Sri Ram v. Sri Gaurav Kumar, S.D.O.

Case brief

What is this about?

What did the court decide?

What the court decided

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