Disposed

Vinayak Narayan Ghatate v. Shri Manish Kumar Verma, District Magistrate

Allahabad HC18 Dec 2024CAPL/7779/2024

Case brief

AI extract

What is this about?

Contempt application alleging willful non-compliance by a District Magistrate with a writ Court order to execute a recovery certificate. Court found a prima facie case, issued notice, and gave one more month for compliance with an affidavit.

What did the court decide?

Notice issued; one month granted to comply with writ order and file affidavit, failing which contempt proceedings may be initiated.

Vinayak Narayan Ghatate vs Shri Manish Kumar Verma… — Contempt of Court | Allahabad HC (2024)

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Court No. - 2

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 7779 of 2024

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Applicant :- Vinayak Narayan Ghatate Opposite Party :- Shri Manish Kumar Verma, District Magistrate Counsel for Applicant :- Pooja Chand Dwivedi,Saumya Singh

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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 23.4.2024 passed in Writ C No. 13043 of 2024 filed by the applicant, the writ Court directed as under:

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" 4. Having regard to the above submissions, we dispense with the service of notice upon respondent No. 3 and dispose of the writ petition with direction to respondent No.1- District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 13.01.2024 as expeditiously as possible preferably within a period of two months, provided there is no legal impediment. In case, there is any legal impediment, the District Magistrate will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order. "

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 11.7.2024 , 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

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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 :- 18.12.2024 Rahul Dwivedi/-

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

Vinayak Narayan Ghatate v. Shri Manish Kumar Verma, District Magistrate

Case brief

What is this about?

What did the court decide?

Vinayak Narayan Ghatate v. Shri Manish Kumar Verma, District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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