Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3732 of 2021 Applicant :- Dr Rajendra Bihari Lal Opposite Party :- Shri Peeyush Verma, Regional Passport Officer Counsel for Applicant :- Amit Negi,Anuj Srivastava Counsel for Opposite Party :- Paras Nath Rai
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and Sri P. N. Rai, learned counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 16.12.2020 passed in Writ C No.22637 of 2020.The operative portion of the order is reproduced hereinbelow :-
"In view of the aforesaid and with the consent of learned counsels for the parties and without expressing any opinion on merits of case of the petitioner, we dispose of this writ petition with the direction to the respondent no.2 to take a final decision in the aforesaid matter of the petitioner in accordance with law, expeditiously, preferably within six weeks, after affording reasonable opportunity of hearing to the petitioner."
An affidavit of compliance was filed by Sri P. N. Rail, learned counsel for the opposite party on behalf of opposite party, same is taken on record. It is stated in the affidavit of compliance that a decision has already been taken in the matter but it is clear from perusal of the same that no opportunity of hearing whatsoever has been given to the applicant before passing the order impugned.
In view of this matter, a prayer has been made by Sri P. N. Rai, learned counsel for the opposite party to quash the order passed by the authority.
Heard learned counsel for the parties and perused the record.
With the consent of counsel for the parties, present contempt application is disposed of directing the opposite party to pass a fresh order in terms of the direction given by the writ Court dated 16.12.2020 as quoted hereinabove expeditiously and preferably within a period of six weeks. In case order of the writ Court is not complied with within the period aforesaid, the applicant is at liberty to file a fresh contempt application.
Order Date :- 28.10.2021 Pramod Tripathi