In a contempt application for noncompliance with earlier orders in writ and contempt proceedings, the court held that partial inability to hear the case was caused by bar strikes, not willful disobedience, and dismissed the application.
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Neutral Citation No. - 2024:AHC:171290
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6757 of 2024
Applicant :- Smt Ajra Opposite Party :- Govind Maurya, Prescribed Authority/Sub Divisional Magistrate Counsel for Applicant :- Subedar Mishra
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading noncompliance of the order dated 20.12.2022 passed by this Court in Writ Petition No. 39012 of 2022 and also the order dated 06.05.2024 passed by this Court in Contempt Application (Civil) No. 3136 of 2024.
A perusal of the order-sheet of the case annexed with the affidavit shows that on 50% of the dates fixed in the case, the case could not be heard by the Presiding Officer as the members of the Bar were on strike.
In view of the aforesaid, there is no willful disobedience of the orders passed by this Court.
No contempt can be attributed to the opposite party, at this stage.
The application is dismissed .
Order Date :- 25.10.2024 Vipasha
Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad
2 issues framed by the court
Whether the opposite party willfully disobeyed court orders due to bar association strikes.
Whether to allow the present contempt application.
Smt Ajra
Govind Maurya
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
