Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5382 of 2019 Applicant :- Smt. Akhtarun Opposite Party :- Sobhnath Prasad, Adhishasi Adhikari Counsel for Applicant :- Jamil Ahamad Azmi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 3.5.2019 passed in Writ A No. 6099 of 2019 filed by the applicant, this Court directed as under:
"In the facts and circumstances, it would be appropriate to dispose of this writ petition by permitting the petitioner to approach respondent no.4 alongwith certified copy of this order within three weeks from today. It would be open for the petitioner to specify the amount or the heads whereunder amount due and payable has not been paid. Respondent no.4 shall examine claim of the petitioner, in that regard and would pass necessary orders within a period of one month thereafter. In case any further amount is found due and payable to petitioner, the same shall be processed and released within six weeks thereafter. Respondents shall also ensure that amount of pension is released to the petitioner within a period of three months from today.
With the aforesaid observations/directions, this writ petition stands 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 wilfully 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. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within six weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed 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 order to the applicant through the self- addressed envelope 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 :- 22.8.2019 A.K.Srivastava