Hemraj Yadav Vs Yogesh Kumar Gaund, Sub Divisional… — Contempt of Court | Allahabad HC (2023)

Hemraj Yadav Vs Yogesh Kumar Gaund, Sub Divisional… — Contempt of Court | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Contempt application finally disposed of at this stage without issuing notice; opposite party granted three months' further time from production of a certified copy of this order to comply with the order dated 09.02.2023 in PIL No.2265 of 2022; applicant to supply stamped registered and self-addressed envelopes for service; opposite party to comply with the writ court's directions and intimate the applicant; liberty reserved to the applicant to approach the Court again in case of non-compliance.

Issue for consideration

Whether the opposite party is liable to be punished under Section 12 of the Contempt of Courts Act for willful disobedience of the judgment and order dated 09.02.2023 passed in Public Interest Litigation (PIL) No.2265 of 2022.

Court's answer

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.

Ratio / Principle

No notice is issued to the opposite party at this stage; the opposite party is granted three months' further time to comply with the order dated 09.02.2023 passed in PIL No.2265 of 2022, reckoned from the date of production of a certified copy of this order.

Key takeaways

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, for transmission of a copy of this order along with a copy of the contempt application.ratio¶10
The opposite party shall comply with the directions of the writ court and intimate the applicant of the order through the self-addressed envelope within a week thereafter.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Rohit Ranjan Agarwal, J.), Court No. 9 — Contempt Application (Civil) No. 6287 of 2023, Hemraj Yadav (Applicant) v. Yogesh Kumar Gaund, Sub Divisional Magistrate and 7 Others (Opposite Parties); Order Date 04.09.2023; Neutral Citation 2023:AHC:175094. Contempt application under Section 12 of the Contempt of Courts Act alleging willful disobedience of the judgment and order dated 09.02.2023 passed in Public Interest Litigation (PIL) No.2265 of 2022; copy of the said order was served on the opposite party through registered post on 10.03.2023 but the direction had not been complied with till date. The Court found a prima facie case for punishing the opposite party but issued no notice at this stage, granting three months' further time to comply with the order dated 09.02.2023 from the date of production of a certified copy of the contempt order. The applicant was directed to supply a duly stamped registered envelope addressed to the opposite party and a self-addressed envelope within one week; the office to send a copy of the order with the contempt application; the opposite party to comply with the writ court's directions and intimate the applicant through the self-addressed envelope within a week thereafter. In case of non-compliance, the applicant may approach the Court again. Application finally disposed of at this stage.

Neutral Citation No. - 2023:AHC:175094

Court No. - 9

Case :- CONTEMPT APPLICATION (CIVIL) No. - 6287 of 2023

Applicant :- Hemraj Yadav Opposite Party :- Yogesh Kumar Gaund, Sub Divisional Magistrate And 7 Others Counsel for Applicant :- Janardan Shukla

Hon'ble Rohit Ranjan Agarwal,J.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 09.02.2023 passed by this Court in Public Interest Litigation (PIL) No.2265 of 2022.

It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 09.02.2023. Copy of the said order was served to the opposite party through registered post on 10.03.2023, but the said direction has not been complied with by the opposite party till date.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party is granted three months’ further time to comply with the order dated 09.02.2023 passed by this Court in Public Interest Litigation (PIL) No.2265 of 2022 from the date of production of a certified copy of this order.

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.

The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.

In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 4.9.2023 SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad