ATUL KUMAR KUSHWAHA @ ATUL KUMAR v. SHRI INDRAJEET SINGH NAGAR AYUKT LUCKNOW NAGAR NIGAM, LKO. AND 3 OTHERS
CAPL/104/2025 · 2025-01-16
Manish Kumar
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 115768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115768 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2656 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 104 of 2025 Applicant :- Atul Kumar Kushwaha @ Atul Kumar Opposite Party :- Shri Indrajeet Singh Nagar Ayukt Lucknow Nagar Nigam, Lko. And 3 Others Counsel for Applicant :- Pratiti,Subhash Pandey Hon'ble Manish Kumar,J. Heard. The present contempt petition has been preferred for non compliance of judgment and order dated 23.09.2022 passed in Special Appeal No. 96 of 2018.
Learned counsel for applicant has submitted that the
judgment and order dated 23.09.2022 was served upon the respondent on 19.11.2022 and thereafter repeated representations were given but till date, the judgment and
order dated 23.09.2022 has not been complied with. As per Section 20 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act, 1971), 'no court shall initiate any proceedings for contempt, either on its own motion or otherwise after the expiry of the period of one year from the date on which, the contempt is alleged to have been committed'. On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971 as one year period had expired on 18-19.11.2023 whereas the present contempt application has been filed on 02.01.2025 i.e. after more than two years, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the submissions relating to Section 20 of the Act, 1971. In view of above, the present case is barred by Section 20 of the Act, 1971, hence the same is dismissed having approached the Court on 02.01.2025 i.e. after about more than two years from the date of expiry of one year period from the date on which the contempt is alleged to have been committed.
Order Date :- 16.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench