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2025 DAILYLAW 39551 (ALL)

AJAY KUMAR AND 129 OTHERS v. MIS. PRIYANKA NIRANJAN. DISTRICT MAGISTRATE

CAPL/1678/2025 · 2025-04-15

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55601 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1678 of 2025 Applicant :- Ajay Kumar And 129 Others Opposite Party :- Mis. Priyanka Niranjan. District Magistrate Counsel for Applicant :- Praveen Narayan Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 24.10.2024 passed in Writ C No. 35448/2024 filed by the applicant, the writ Court directed as under: "Accordingly, the present writ petition is disposed of with the following directions:- (i) each of the petitioner shall have an individual right of appeal against the order rejecting their application for issuance of Caste Certificate. (ii) subject to the individual petitioner availing his right of appeal within a period of three weeks from today, such appeal may be entertained on merits without raising any objection as to limitation. (iii) appeals thus filed may be dealt with and decided as expeditiously as possible within a period of three months from their institution." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 12.11.2024, 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 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 :- 16.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad