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2025 DAILYLAW 17157 (ALL)

GAYA RAM v. SRI MARKANDEY LAL FINANCE & ACCOUNT OFFICER, BASIC EDUCATION BALLIA

CAPL/615/2025 · 2025-02-13

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20935 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 615 of 2025 Applicant :- Gaya Ram Opposite Party :- Sri Markandey Lal Finance & Account Officer, Basic Education Ballia Counsel for Applicant :- Sanjay Kumar Srivastava,Ved Prakash Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 20.09.2024 passed in Writ A No.14694 of 2024 filed by the applicant, the writ Court directed as under: "Keeping in view the aforesaid submission of the learned counsel for the petitioner, the writ petition is disposed of by giving liberty to the petitioner to submit a fresh comprehensive representation in light of the subsequently issued Government Order dated 12.06.2024 raising all his grievances. In case such a representation is made, the authority concerned shall dispose of the same by means of a reasoned and speaking order in accordance with law within a period of three months thereafter and shall communicate the order so passed to the petitioner." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 03.10.2024, 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. 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 two months 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 :- 13.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad