Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6399 of 2019 Applicant :- Haribansh Ram And Another Opposite Party :- Sri Om Prakash Tripathi, Basic Shiksha Adhikari Counsel for Applicant :- Arvind Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 13.12.2017 passed in Writ-A No.835 of 2017 (Subhash Chandra Yadav v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 13.12.2017 is quoted as under:-
"In regard thereto, writ petition, on consent, stands disposed of directing the third respondent-District Basic Shiksha Adhikari, District Mau, to consider and decide the claim of the petitioner in terms of Angad Yadav (supra), expeditiously, preferably within a period of six weeks from the date of filing of certified copy of this order.
It is made clear that the Court has not considered the claim and contention of the petitioner on merit."
Learned counsel for the applicant states that while disposing of Writ A no.904/2017, the Court has relied upon the decision rendered in Angad Yadav and others vs. State of U.P. and others (Writ A no.33360 of 2017) and eventually the said case has been decided vide order dated 19.08.2017 passed in Writ A no.33360/2017 (Angad Yadav and others vs State of U.P. and others). Even the Special Appeal has been preferred and the same was also dismissed vide order dated 11.12.2018 and as such, consequential benefits have also been extended. In this backdrop, he states that the limitation would not be attracted and in the light of Angad Yadav (supra), the case is to be decided by the opposite party.
Arguments advanced by learned counsel for the applicant appears to have substance. 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 parties to comply with the aforesaid order of the 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 parties and another self-addressed envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 27.9.2019 A. Pandey