Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3089 of 2021 Applicant :- Ram Awadh Opposite Party :- Yuvraj Singh, Sub Divisional Magistrate Counsel for Applicant :- Sunil Kumar Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 18.2.2021 passed by writ Court in Writ- C No.- 4963 of 2021 is complained of. It is alleged that not only the service of the order had been duly effected upon the opposite party vide registered letter dated 17.3.2021 and even after several reminders were made and duly served in respect thereof and yet the order has not been complied with till date.
It is argued by learned counsel for the applicant that there has been a deliberate attempt on the part of the opposite party to flout the order of this court and hence contempt application.
Upon perusal of the order passed by this Court, I find that there was a direction to decide the claim raised in the representation of the petitioner while at the same time the Court did not deal with the merit of the claim.
In such above view of the matter and in the circumstances when the claim of the applicant has yet not been dealt with on merits, in my considered view one further opportunity be given to the opposite party so that there comes an authoritative decision on the merit of the claim of the petitioner.
Accordingly, at this stage this contempt application is disposed of with a direction to the opposite party to comply with the order of this court passed in Writ- C No.- 4963 of 2021 (Ram Awadh vs. Sub Divisional Magistrate) positively within 60 days from the date of service of this order upon him by the applicant who is directed to serve copy of this order upon opposite party within two weeks from today.
Applicant is also directed to cooperate with the opposite party in furnishing such information as he may require in making effective and substantial compliance of the order of this Court.
It is further directed that the opposite party shall submit compliance report with the Registry of this Court to be placed on record.
Order Date :- 12.8.2021 Deepika