In this contempt application arising from non-compliance of a writ court order, the court found a prima facie case but granted an extension of one month for compliance to avoid initiating rigorous proceedings.
One month more time granted to respondents to comply with the writ court order and file an affidavit.
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Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6614 of 2024
Applicant :- Dinesh Kumar Opposite Party :- Shri Rajnath Singh Yadav, Executive Engineer And Another
Counsel for Applicant :- Amit Kumar Mishra
Hon'ble Piyush Agrawal,J.
Heard the learned counsel for the applicant.
Learned counsel for the applicant submits that this is a second contempt application. Earlier, the applicant filed Contempt Application (Civil) No. 666 of 2024, which was disposed of vide order dated 06.02.2023 with the following directions :-
"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 self-addressed 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. "
It is stated that the writ Court, vide order dated 25.08.2023 passed in Writ A No. 13032 of 2023, has directed to make proper reply to the letter of the respondent no.3 within a period of three weeks from the date of production of a certified copy of the order. It is stated that in spite of the service of the writ Court's order and thereafter, filing of detailed representation, the order of the writ Court has not yet been complied with. Hence, this contempt application.
From a perusal of the records of the case, a prima facie case for contempt is made out against the opposite party.
Issue notice to the opposite parties /respondents.
Steps be taken within a period of three days.
However, in the interest of justice, one more opportunity is granted to the respondents to comply with the writ Court's order within a period of one month and file an affidavit to the same effect.
In case by the next date fixed, the directions of the writ Court are not complied with and an affidavit to that effect is not filed, the opposite parties/respondents shall remain present before this Court on the date fixed to show cause as to why proceedings under the Contempt of Courts Act may not be initiated against him.
The Office may send a copy of this order along with the notice.
List on the next date fixed on the notice.
Order Date :- 22.10.2024
Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a prima facie case of contempt exists for non-compliance of a writ court order directing a reply to a letter.
Dinesh Kumar
Shri Rajnath Singh Yadav
Piyush Agrawal
As recorded by the court registry
4 orders share this CNR
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