SMT SHEELA DEVI v. PIYUSH ACTOR ZONAL OFFICER (VARANASI ZONA OFFICE)
CAPL/1676/2025 · 2025-04-15
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42434 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42434 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55550 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1676 of 2025 Applicant :- Smt Sheela Devi Opposite Party :- Piyush Actor Zonal Officer (Varanasi Zona Office) Counsel for Applicant :- Shailesh Pandey Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 04.03.2024 passed in Writ A No. 28544/2017 filed by the applicant, the writ Court directed as under:
"Under the circumstances, the relief sought for is moulded. The petition is allowed in part. The fourth respondent is directed to refund the sale consideration deposited by the petitioner which was to the tune of Rs. 10,42,691/- along with 18% interest thereon to be calculated for date of its deposit till the date of actual refund. Interference in the impugned order is declined. The payment shall be made within the period of one month from the date a certified copy of this order, is produced before the fourth respondent."
Learned counsel for the applicant submits that a certified copy of the aforesaid
order was submitted for compliance before the opposite party on 19.03.2024, 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 a 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 :- 16.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad