In this contempt application, the court found prima facie willful disobedience of a prior order. Instead of immediate punishment, the court granted the opposite party three months to comply and directed the applicant to issue notice.
Three months' time granted to comply with the prior order; notice to be issued.
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Neutral Citation No. - 2023:AHC:176649
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6475 of 2023
Applicant :- Jiut Bandhan Opposite Party :- Ms. Jaya Singh, Tehsildar Counsel for Applicant :- Pramod Kumar Pandey
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 03.05.2023 passed by this Court in Writ Petition No.13931 of 2023.
It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 03.05.2023. Copy of the said order was served to the opposite party through registered post on 29.05.2023, 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 03.05.2023 passed by this Court in Writ Petition No.13931 of 2023 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 :- 11.9.2023 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to punish the opposite party for willful disobedience of a prior court order at this stage.
Whether to issue notice to the opposite party and grant time to comply.
1 provisions across 1 enactments
Jiut Bandhan
Rohit Ranjan Agarwal
Shivakant Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
