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2025 DAILYLAW 42902 (ALL)

BABU SINGH AND 10 OTHERS v. MISS. PUJA SAHU SUB-DIVISIONAL MAGISTRATE

CAPL/1728/2025 · 2025-04-16

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56946 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1728 of 2025 Applicant :- Babu Singh And 10 Others Opposite Party :- Miss. Puja Sahu Sub-Divisional Magistrate Counsel for Applicant :- Om Prakash Tripathi,Sharad Chandra Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 24.01.2025 passed in Writ C No. 29140 of 2024 filed by the applicant, the writ Court directed as under: "7. Writ petition is accordingly disposed of with a direction to opposite party no.3 to decide the aforesaid application pending before him within a period of 45 days from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on, 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 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 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 :- 17.4.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad