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Sanjeev Rawat vs B R Shastri

High Court Of Judicature at Allahabad|22 August, 2019
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JUDGMENT / ORDER

Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5362 of 2019 Applicant :- Sanjeev Rawat Opposite Party :- B.R. Shastri, Consolidation Commissioner Counsel for Applicant :- Rajesh Yadav,Laxmi Shankar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 29.4.2019 passed in Writ A No.4993 of 2019 filed by the applicant, the Court directed as under:
"In view thereof, writ petition is disposed of by passing the following orders:
i) the impugned order dated 7/8 March 2019 passed by the second respondent-Consolidation Commissioner, U.P., Lucknow, is setting aside and quashed;
ii) the second respondent-Consolidation Commissioner, U.P., Lucknow, shall hear and decide the claim of the petitioner by reasoned and speaking order expeditiously, preferably within two months from the date of filing of certified copy of this order alongwith copy of the writ petition, strictly in the light of the decision dated 16 January 2019 passed in Writ - A No. 45598 of 2012.
It is clarified that the Court has not considered the claim of the petitioner on merits."
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 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 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 :- 22.8.2019 RKP
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Title

Sanjeev Rawat vs B R Shastri

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 August, 2019
Judges
  • Mahesh Chandra Tripathi
Advocates
  • Rajesh Yadav Laxmi Shankar