Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187471 (ALL)

ARUN KUMAR v. ANIL KUMAR POSTED AS PRIN. SECY. DEPTT. OF PANCHAYAYTI RAJ LKO.

/4028/2025 · 2025-12-09

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4028 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 12.09.2025 passed in Writ C No. 8612 of 2025. The relevant paragraphs of the same are quoted hereinbelow:- "With regard to the prayer no.1 and prayer no.2 as made in the writ petition we find that it is still within the domain of the State Government to decide whether to initiate a full fledged inquiry under Section 29 of the Adhiniyam of 1961 and the inquiry Rules of 1997 and it is only after the State Government forms an opinion on independent application of mind can any order be passed for ceasing the financial and administrative powers of the Zila Panchayat Adhyaksh, Banda, i.e., opposite party no.7. We dispose of this writ petition with the direction to the State Government to take into account the reply already submitted by the opposite party no.7 and also the supplementary reply which the counsel for the opposite party no.7 has stated before this Court will be filed within one week from today and after evaluating such reply and applying its own independent mind it may form an opinion with regard to whether a regular inquiry is to be initiated against the opposite party no.7. Such opinion be formed as expeditiously as possible, say within a period of eight weeks from the date of submission of supplementary reply." Learned counsel for the applicant has submitted that the applicant has served the copy of the order to the respondent on 18.09.2025 by hand and when no order has been passed, a reminder was sent on 19.11.2025 by registered post but till date, the respondent has not passed any order in compliance of the judgment and order passed in the writ petition. Hence the respondent is liable to be punished under the provisions of Contempt of Courts Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is found that as alleged for the first time, the representation was made on 18.09.2025 and served it by hand could not be taken into consideration for the reason that there was no endorsement of receiving either by the respondent or by his Office. The representation which was given by the applicant is to be considered to be served upon the respondent is from the date of sending it by registered post i.e. 19.11.2025 and since then, two months' period has yet not been expired. Versus Counsel for Applicant(s) : Dwijendra Mishra Counsel for Opposite Party(s) : Arun Kumar .....Applicant(s) Anil Kumar Posted As Prin. Secy. Deptt. Of Panchayayti Raj Lko. .....Opposite Party(s) In view of above, the present contempt application is premature and is hereby dismissed. December 9, 2025 Nitesh CAPL No. 4028 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench