Disposed

Committee of Management Janta Rashtriya Inter College and Another v. Sri Narendra Pal Singh, District Inspector of Schools

Allahabad HC6 Dec 2024CAPL/7542/2024

Case brief

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What is this about?

In an application for civil contempt, the court found a prima facie case against the opposite party for willful disobedience of a writ order regarding account operation stayed. The court granted one month to comply or face show-cause proceedings.

What did the court decide?

Prima facie case found. Opposite party granted one month to comply with writ Court order and file affidavit; otherwise required to show cause.

Committee of Management Janta Rashtriya Inter College… — Contempt of Court | Allahabad HC (2024)

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Court No. - 2

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 7542 of 2024

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Applicant :- Committee Of Management Janta Rashtriya Inter College And Another Opposite Party :- Sri Narendra Pal Singh, District Inspector Of Schools

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Counsel for Applicant :- Nand Lal Pandey,Suyash Pandey

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant.

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Vide order dated 11.5.2022 passed in Writ C No. 7350 of 2022 filed by the applicant, the writ Court directed as under:

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"In the meanwhile, until further orders of this Court, the attestation of signature by the respondent, namely, District Inspector of Schools dated 1st March, 2021 shall remain stayed.

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It is however further provided that in the meanwhile there shall be a single hand operation of the account of the institution by the District Inspector of Schools, Farrukhabad during the pendency of this petition. "

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Learned counsel for the applicant submits that against the said order of Writ Court, Special Appeal Defective No. 316 of 2022 was filed by Mr. Ankit Mishra, the alleged Manager of the Committee of Management, which was dismissed as withdrawn on vide order dated 6.8.2022, thereafter the applicant filed detailed representation on 30.9.2023 along with a certified copy of the order of writ Court for compliance before the opposite party, but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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From a perusal of the records of the case, a prima facie case for contempt is made out against the opposite party for willful disobedience of the writ Court order.

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Issue notice to the opposite party returnable at an early date.

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Necessary steps shall be taken within a week.

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However, in the interest of justice, one more opportunity is granted to the opposite party to comply with the writ Court's order within a period of one month and file an affidavit to the same effect.

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In case by the next date fixed, the directions of the writ Court are not complied with in its letter and spirit and an affidavit to that effect is not filed, the opposite party shall remain present before this Court on the date fixed to show cause as to why contempt proceedings may not be initiated for willful disobedience of the writ Court's order.

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The Office shall send a copy of this order along with the notice.

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List on the date fixed in the notice.

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Order Date :- 6.12.2024 Rahul Dwivedi/-

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Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad

Committee of Management Janta Rashtriya Inter College and Another v. Sri Narendra Pal Singh, District Inspector of Schools

Case brief

What is this about?

What did the court decide?

Committee of Management Janta Rashtriya Inter College and Another v. Sri Narendra Pal Singh, District Inspector of Schools

Case brief

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What did the court decide?

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