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2025 DAILYLAW 79177 (ALL)

KM. SWATI v. SHRI BALRAM SINGH ADDITIONAL DISTRICT (ADMINISTRATION) & DEPUTY DISTRICT ELECTION OFFICER

CAPL/3832/2025 · 2025-07-30

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127843 Court No. - 7 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3832 of 2025 Applicant :- Km. Swati Opposite Party :- Shri Balram Singh Additional District (Administration) & Deputy District Election Officer Counsel for Applicant :- Gopal Khare Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 05.05.2025 passed in Writ A No. 5965 of 2025 filed by the applicant, the writ Court directed as under: "In view of the above, this petition stands disposed of with a direction to the respondent no. 1, who is the appointing authority in the matter to look into and consider the claim of the petitioner as set up for family pension in the light of Government Order dated 16.05.2015 provisions whereof has been quoted above. It is further provided that the decision shall be taken by the competent authority within a period of two months of production of certified copy of this order and if otherwise, there is no technical difficulty and petitioner's claim found rightful and genuine, the family pension shall be released in her favour within a further period of six weeks." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party, 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 :- 31.7.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad