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2025 DAILYLAW 17347 (ALL)

HARSHDEEP SINGH v. SRI MANISH KUMAR VERMA, DISTRICT MAGISTRATE/COLLECTOR

CAPL/608/2025 · 2025-02-13

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20364 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 608 of 2025 Applicant :- Harshdeep Singh Opposite Party :- Sri Manish Kumar Verma, District Magistrate/Collector Counsel for Applicant :- Dhiraj Srivastava Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 24.4.2024 passed in Writ C No. 13135 of 2024 filed by the applicant, the writ Court directed as under: " 4. Having regard to the above submissions, we dispense with the service of notice upon respondent No. 5 and dispose of the writ petition with direction to respondent-District Magistrate to make serious endeavour to execute recovery certificate dated 15.02.2021 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. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 12.8.2024, 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 for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within three 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 the applicant(s) 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 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad