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2025 DAILYLAW 43229 (ALL)

SENIOR CITIZEN OM DUTT SHARMA v. CHAITANYA TRIPATHI, EXECUTIVE OFFICER NAGAR PANCHAYAT GOVERSHAN

CAPL/1753/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57256 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1753 of 2025 Applicant :- Senior Citizen Om Dutt Sharma Opposite Party :- Chaitanya Tripathi, Executive Officer Nagar Panchayat Govershan Counsel for Applicant :- Ram Raksha Yadav Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 15.3.2024 passed in Writ A No. 2726 of 2024 filed by the applicant, the writ Court directed as under: "4. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 3 to decide the representation of the petitioner dated 04.08.2023 in accordance with law maximum within period of two months from the date of submission of certified copy of this order. In case anything is found due, the same shall be paid to the petitioner within the same time. Further, in case, amount is not paid within the time given, petitioner shall also be entitled for 7% interest from due date to the date of actual payment. 5. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 22.3.2024 by way of registered post, 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 :- 18.4.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad