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2025 DAILYLAW 43627 (ALL)

MUKESH KUMAR v. RAJANI KANT MITTAL, DIVISIONAL FOREST OFFICER, DIVISION MATHURA

CAPL/1737/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57211 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1737 of 2025 Applicant :- Mukesh Kumar Opposite Party :- Rajani Kant Mittal, Divisional Forest Officer, Division Mathura Counsel for Applicant :- Lallan Prasad Pal Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 27.8.2024 passed in Writ A No. 12798 of 2024 filed by the applicant, the writ Court directed as under: "An interim mandamus is issued to the Principal Chief Conservator of Forest, Rana Pratap Marg, U.P., Lucknow and the Divisional Forest Officer, Social Forestry Division, Mathura to ensure, between themselves, payment of minimum pay-scale to the petitioner in accordance with the Seventh Pay Commission, that is to say, ?18,000 per month or show cause, by their own affidavits to be separately filed, why this interim mandamus be not made absolute. The Registrar (Compliance) is directed to communicate this order to the Principal Chief Conservator of Forest, Rana Pratap Marg, U.P., Lucknow and the Divisional Forest Officer, Social Forestry Division, Mathura within 48 hours next. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 2.9.2024 by 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