Dismissed

Smt Asha Kumari v. Deepak Kumar Gupta,Tehsildar

Allahabad HC6 May 2022CAPL/411/2022

Case brief

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What is this about?

The Allahabad High Court, in Civil Contempt Application No. 411 of 2022, disposed of an application contesting a Writ Court order. The court held that since case adjournments arose from advocate strikes, no contempt of the Writ Court was made out. The opposite party was directed to conclude the case within four months regardless of strikes.

What did the court decide?

The opposite party to decide Case No. T201905440307363 within four months without adjournment even if advocates are on strike.

Smt Asha Kumari Vs Deepak Kumar Gupta,Tehsildar — Contempt of Court | Allahabad HC (2022)

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Court No. - 5 Case :- CONTEMPT APPLICATION (CIVIL) No. - 411 of 2022

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Applicant :- Smt Asha Kumari Opposite Party :- Deepak Kumar Gupta,Tehsildar Counsel for Applicant :- Omkar Nath Rai

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the applicant.

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The applicant has alleged violation of order of Writ Court dated 08.01.2021 passed in Writ-C No.27335 of 2020. Relevant extract of the order dated 08.01.2021 reads as under:-

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"In view of such facts, the writ petition can be disposed of with a direction to respondent no. 2 to decide the aforesaid case of the petitioner on its own merits, if possible, within a period of 90 days from the date of receipt of computer generated copy of the order being passed today in PDF form strictly in accordance with law. In above terms, the writ petition is disposed of.

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It is made clear that this Court has not expressed any opinion on the merits of the case."

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Perusal of order sheet of Case No. T201905440307363 annexed as Annexure SA.1 to the supplementary affidavit, reveals that on most of the dates, the case could not be heard for the reason that advocates were on strike.

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This Court notes its anguish with the conduct of the advocates, who gone on strike regularly without appreciating apathy of their clients.

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In such view of the fact, as the case was adjourned mostly on account of strike of advocates, therefore, no case for contempt of order of Writ Court is made out.

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Further, in the facts of the present case, the Court directs the opposite party to decide the Case No. T201905440307363 within a period of four months from the date of production of certified copy of this order. This Court further commands the opposite party not to adjourn the aforesaid case unnecessarily, and conclude the same even if advocates are on strike.

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The contempt application is disposed off and is consigned to record.

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Order Date :- 6.5.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.05.09 10:20:06 IST Reason: Location: High Court of Judicature at Allahabad

Smt Asha Kumari v. Deepak Kumar Gupta,Tehsildar

Case brief

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Smt Asha Kumari v. Deepak Kumar Gupta,Tehsildar

Case brief

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What did the court decide?

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