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2025 DAILYLAW 42716 (ALL)

CHHEDI LAL CHAUHAN v. AKHILESH TIWARI, EXECUTIVE OFFICER, NAGAR PALIKA PARISHAD, MUNGRA, BADSHAHPUR

CAPL/1763/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57355 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1763 of 2025 Applicant :- Chhedi Lal Chauhan Opposite Party :- Akhilesh Tiwari, Executive Officer, Nagar Palika Parishad, Mungra, Badshahpur Counsel for Applicant :- Santosh Kumar Tiwari Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 05.04.2024 passed in Writ C No. 10313 of 2024 filed by the applicant, the writ Court directed as under: "7. Considering the submission of the rival parties as well as the stand taken by them, the writ petition stands disposed of granting liberty to the writ petitioner to approach the third respondent, Executive Officer, Nagar Palika Parishad, Badshahpur, Jaunpur by filing an appropriate application or drawing appropriate proceedings and on the receipt of the same the third respondent shall consider the claim of the writ petitioner and if it comes to the opinion that the matter needs to be addressed by State functionaries/District Administration then the matter be referred to the second respondent who, in case, feels appropriate may refer to the competent authority with due communication to the writ petitioner and the claim of the writ petitioner be decided within a period of two months thereof." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party, 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 one 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 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 :- 18.4.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad