GAMA PRASAD v. DIGVIJAY SINGH. SUB DIVISIONAL OFFICER / SUB DIVISIONAL MAGISTRATE, TEHSIL PHOOLPUR
CAPL/1741/2025 · 2025-04-17
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43655 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43655 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57351 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1741 of 2025 Applicant :- Gama Prasad Opposite Party :- Digvijay Singh. Sub Divisional Officer / Sub Divisional Magistrate, Tehsil Phoolpur Counsel for Applicant :- Akhilesh Singh,Sudhir Srivastava Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 1.10.2024 passed in Writ C No. 32963 of 2024 filed by the applicant, the writ Court directed as under:
"5. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2 to comply with the dated 18.05.2013 most expeditiously and preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 12.11.2024 along with application, 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