The Court found a prima facie case of civil contempt against the Government for failing to pass a fresh order after withdrawing an impugned order, as directed by the High Court in the underlying writ petition.
Gratittud of one month extension for the opposite party to comply with the writ Court's order and file an affidavit to that effect.
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Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7750 of 2024
Applicant :- Vinesh Kumar And 10 Others Opposite Party :- Kripashankar Verma Counsel for Applicant :- Rohit Upadhyay
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant.
Vide order dated 30.5.2024 passed in Writ C No. 19342 of 2024, filed by the applicant, the writ Court directed as under:
"14. Till the next date of listing, operation and implementation of the order dated 15.3.2024 shall remain stayed.
15. However, this interim order will not come in the way if the Assistant Director of Education (Basic), Aligarh Region, Aligarh proceeds to withdraw his order dated 15.3.2024 and pass a fresh order. If the Assistant Director recalls his earlier order dated 15.3.2024, he will pass fresh order after affording opportunity of hearing to the parties, within a period of three months."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party along with the representation and thereafter the order dated 15.3.2024 has been withdrawn by the opposite party, however, in compliance of writ Court order, the fresh order has not been passed till date, therefore, the opposite party has willfully not complied with the order of writ court in its letter and spirit and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
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.
Issue notice to the opposite party returnable at an early date.
Necessary steps shall be taken within a week.
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.
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.
The Office shall send a copy of this order along with the notice.
List on 20.1.2025 as fresh.
Order Date :- 17.12.2024 Rahul Dwivedi/-
Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a prima facie case for civil contempt is made out for failure to pass a fresh order in compliance with a writ court order.
Whether the opposite party should be granted an opportunity to comply with the writ court order before initiating contempt proceedings.
Vinesh Kumar and 10 Others
Piyush Agrawal
Rahul Dwivedi
As recorded by the court registry
4 orders share this CNR
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