ALOK KUMAR SINGH v. MS. ARYAKA AKHOURY, DISTRICT MAGISTRATE, GHAZIPUR
CAPL/1734/2025 · 2025-04-17
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43611 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57381 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1734 of 2025 Applicant :- Alok Kumar Singh Opposite Party :- Ms. Aryaka Akhoury, District Magistrate, Ghazipur Counsel for Applicant :- Anjani Tripathi,Sanjay Kumar Mishra,Saurav Pandey Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 18.10.2023 passed in Writ C No. 6959 of 2016 filed by the applicant, the writ Court directed as under:
"9. In view of the aforesaid facts and circumstances, order dated 21.12.2015 and 29.05.2015 passed by respondent no. 2 and 3 are set aside. Matter is remitted back to respondent no. 3/District Magistrate, District Ghazipur for deciding afresh by way of considering that the petitioner was under the category of victim of crime.
10. Writ petition stands allowed accordingly. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 30.10.2023, 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