This contempt application sought punishment for willful disobedience of a writ court order. The court held that prima facie a case existed but no notice was issued. Hence, it granted four months time to the respondent to comply.
Granted four months further time to the respondent to comply with the order dated 15.11.2022.
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Neutral Citation No. - 2023:AHC:175189
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6375 of 2023
Applicant :- Shubhavati Devi Opposite Party :- Mohammad Faruqee, Sub Divisional Magistrate Counsel for Applicant :- Sunil Kumar Singh
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 15.11.2022 passed by this Court in Writ Petition No. 30031 of 2022.
It is contended that applicant had approached writ Court through aforesaid writ petition, which was disposed of vide order dated 15.11.2022. Copy of the order of writ Court was served upon opposite party on 25.01.2023, but according to the applicant, the said order 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 four months’ further time to comply with the order dated 15.11.2022 passed by this Court in Writ Petition No. 30031 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 two weeks 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 :- 5.9.2023 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
Shubhavati Devi
Mohammad Faruqee
Rohit Ranjan Agarwal
As recorded by the court registry
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