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2025 DAILYLAW 43429 (ALL)

OMWATI v. SRI. K. RAVINDER NAIK, ADDITIONAL CHIEF SECRETARY, ANIMAL HUSBANDRY (PASHUDHAN) DEPARTMENT

CAPL/1743/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57343 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1743 of 2025 Applicant :- Omwati Opposite Party :- Sri. K. Ravinder Naik, Additional Chief Secretary, Animal Husbandry (Pashudhan) Department Counsel for Applicant :- Jayant Prakash Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 18.4.2024 passed in Writ C No. 10758 of 2024 filed by the applicant, the writ Court directed as under: "5. In this conspectus, as above, no useful purpose would be served to keep this writ petition pending. Therefore, this court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with liberty to the petitioner to file a fresh representation along with certified copy of this order and self attested copy of the writ petition before the Additional Chief Secretary (Animal Husbandry), Government of U.P., Lucknow within a period of two weeks from today, who shall consider and decide the said representation, as mentioned above, and pass an appropriate order on the said representation in accordance with law, expeditiously, preferably, within a period of three months from the date of receipt of such representation, if there is no other legal impediment. 6. With the aforesaid observation, present writ petition is disposed of " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 30.4.2024 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 three 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