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2025 DAILYLAW 43272 (ALL)

OMKAR PRESENTLY POSTED AS DAKIA IN SOCIAL FORESTRY DIVISION BAREILLY v. MR. VIJAY KUMAR ZONAL CHIEF CONSERVATOR OF FOREST, RUHILAKHAND CIRCLE AND ANOTHER

CAPL/1738/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57358 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1738 of 2025 Applicant :- Omkar Presently Posted As Dakia In Social Forestry Division Bareilly Opposite Party :- Mr. Vijay Kumar Zonal Chief Conservator Of Forest, Ruhilakhand Circle And Another Counsel for Applicant :- Ram M. Kaushik,Samiksha Chauhan Hon'ble Piyush Agrawal,J. Heard Ms. Samiksha Chauhan, learned counsel for the applicant. Vide order dated 20.2.2019 passed in Writ A No. 18274 of 2018 filed by the applicant, the writ Court directed as under: "Accordingly and without going into the merits or otherwise of the claim of the petitioner raised herein, this petition shall stand disposed of in light of the statement noted above. Needless to state but it is provided that the fourth respondent shall proceed in the matter with due notice to all parties who are likely to be affected by the exercise to be undertaken. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 13.12.2024 along with representation, 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 four 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