The court dismissed a civil contempt application alleging disobedience of a previous writ order. Finding that non-appearance on court dates was due to bar abstention from work rather than willful disobedience by the opposite party, the application was rejected.
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Neutral Citation No. - 2024:AHC:169313
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6670 of 2024
Applicant :- Sanjay Kumar Sharma Opposite Party :- Sri Manoj Rai, Tehsildar(Judicial) Counsel for Applicant :- Girdhar Prasad Tripathi
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present application has been filed pleading disobedience of the order dated 18.07.2023 passed by this Court in Writ Petition No.23055 of 2023.
A perusal of the order-sheet of the case annexed with the affidavit shows that on most of the dates fixed in the case, the counsel for the applicant did not appear because the members of the Bar abstained from work.
In view of the aforesaid, there is no willful disobedience of the order passed by this Court.
No contempt can be attributed to the opposite party, at this stage.
The application is dismissed .
Let the file of the case be consigned to the records.
Order Date :- 23.10.2024 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite party willfully disobeyed the order dated 18.07.2023?
Sanjay Kumar Sharma
Salil Kumar Rai
As recorded by the court registry
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