ANIL KUMAR SINGH, SECRETARY AVADH YUVA KALYAN GRAMODHYOG SANSTHAN v. SRI PRATAP SINGH BAGHEL, DIRECTOR OF EDUCATION (BASIC) U.P. NISHATGANJ
CAPL/658/2025 · 2025-02-14
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13451 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21350 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 658 of 2025 Applicant :- Anil Kumar Singh, Secretary Avadh Yuva Kalyan Gramodhyog Sansthan Opposite Party :- Sri Pratap Singh Baghel, Director Of Education (Basic) U.P. Nishatganj Counsel for Applicant :- Neeraj Srivastava,Pankaj Srivastava Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 04.03.2024 passed in Writ C No. 6902/2024 filed by the applicant, the writ Court directed as under:
"Without adjudicating the dispute, if any, with respect to the quality and quantity of goods supplied by the petitioner, the writ petition is disposed of with the following directions : (i) Petitioner may make a fresh representation before the respondent no. 4 supported by his personal affidavit annexing thereto all documents on which he may seek to rely for release of the balance payment. (ii) If such application is filed before the respondent no. 4, the same may be forwarded by the respondent no. 4 to the respondent no. 3 with appropriate note. That exercise may be completed within a period of two weeks from the date petitioner files his representation before the respondent no. 4. (iii) Upon such representation reaching respondent no. 3, appropriate reasoned decision may be made by that authority within a period of one month. Any amount found due and payable to the petitioner may be paid out within the same time. If the claim or any part thereof is to be rejected, adequate reason for the same may also be communicated to the petitioner within the same time. "
Learned counsel for the applicant submits that a certified copy of the aforesaid
order was submitted for compliance before the opposite party on 12.12.2024, but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within one month from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within
one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 14.2.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad