Applicant sought contempt proceedings against the Cane Commissioner for non-compliance with a 2023 writ court order on cane dues. The court found prima facie contempt and issued a show-cause notice requiring the opposite party to appear personally and file an affidavit detailing outstanding cane grower dues.
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Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7781 of 2024
Applicant :- Kamlakar Singh
Opposite Party :- Prabhu Narayan Singh, Cane Commissioner, Uttar Pradesh Counsel for Applicant :- Ram Bahadur Singh
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant and the learned standing counsel.
Present contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 25.9.2023 passed in Writ C No. 32799 of 2023.
Counsel for the applicant submits that in spite of service of notice upon the opposite party through registered A.D. on 10.10.2023 the order has not been complied with.
Prima facie, contempt is made out for punishing the opposite party for willful disobedience of the writ Court order.
Standing counsel on instructions from the District Cane Officer, Pilibhit forwarded letter dated 19.12.2024 and tried to justify that the outstanding payment has been made to the applicant.
The said submission has seriously been opposed by the counsel for the applicant that is only an eye wash and till date the amount outstanding against the applicant has not been cleared. Matter is serious.
Issue notice to the opposite party to show cause as to why contempt proceedings be not initiated against him.
Steps be taken within two days.
The opposite party is directed to remain present in Court on the next date fixed.
An affidavit be filed by the opposite party with details about the outstanding dues towards the cane growers, unit wise, area wise for the last four years and the action taken against the unit for non payment of cane dues. The said fact should specifically be mentioned in the affidavit and not as an annexure to it. He shall also spell out in the opening paragraph of the affidavit how many contempt notices were issued to him with its numbers and its
outcome.
The Registrar (Compliance) of this Court is directed to communicate this order to the opposite party within two days.
List on the date fixed by the office in the notice.
Order Date :- 19.12.2024 samz
Digitally signed by :- SYED AKHTARMOHAMMAD MEQDAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite party willfully disobeyed the writ court's order dated 25.9.2023 regarding outstanding cane dues.
Kamlakar Singh
Prabhu Narayan Singh, Cane Commissioner, Uttar Pradesh
Piyush Agrawal
As recorded by the court registry
2 orders share this CNR
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