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2025 DAILYLAW 43302 (ALL)

COMMITTEE OF MANAGEMENT DWARIKA PRASAD INTER COLLEGE v. RAKESH KUMAR DISTRICT INSPECTOR OF SCHOOLS AND ANOTHER

CAPL/1745/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57245 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1745 of 2025 Applicant :- Committee Of Management Dwarika Prasad Inter College Opposite Party :- Rakesh Kumar District Inspector Of Schools And Another Counsel for Applicant :- Sanjay Kumar Mishra Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 7.11.2023 passed in Writ C No. 29870 of 2023 filed by the applicant, the writ Court directed as under: "7. Considering the above facts and circumstances of the case, the writ petition is disposed of directing the District Inspector of Schools, Jaunpur (respondent no.3) to take up the petitioner's application dated 05.05.2021 and, after due verification of the record produced by the petitioner, forward a report to the Uttar Pradesh Madhyamik Board, U.P., Prayagraj (respondent no.4) before 31.12.2023. 8. As soon as the papers and requisite reports are received by the respondent no.4, appropriate decision in accordance with law shall be taken by the Board not later than 28.02.2024, after providing full opportunity of hearing to the petitioner. 9. The petitioner is directed to serve a certified copy of this order in the office of District Inspector of Schools, Jaunpur on or before 23.11.2023. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 18.11.2023, 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