BAL MUKUND YADAV v. SHRI KRISHNA KARUNESH (DISTRICT MAGISTRATE GORAKHPUR. DISTRICT - GORAKHPUR)
CAPL/1722/2025 · 2025-04-16
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8562 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56979 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1722 of 2025 Applicant :- Bal Mukund Yadav Opposite Party :- Shri Krishna Karunesh (District Magistrate Gorakhpur. District - Gorakhpur) Counsel for Applicant :- Ashwani Kumar Pathak Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 28.05.2024 passed in Writ C No. 18492 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 matter 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 writ petition, with a direction to the District Magistrate (respondent no.2), before whom complaint moved by the petitioner through registered post dated 12.01.2024 is pending consideration, shall consider the same and pass an appropriate order in accordance with law, expeditiously, preferably, within a period of four (4) months from the date of receiving of certified copy of this order along with self-attested copy of the instant writ petition.
6. With the aforesaid direction, this petition is finally disposed of."
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 :- 17.4.2025 Pravesh Mishra Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad