Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2610 of 2019 Applicant :- Santosh Sahai Opposite Party :- N.K. Shukla, Registrar Allahabad University Counsel for Applicant :- Ram Bilas Prasad Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 7.3.2019 passed in Writ C No.38669 of 2018 filed by the applicant, the Court directed as under:
"Be that as it may, the entire dispute involves several complicated questions of facts relating to membership of the association concerned and those cannot be examined in writ jurisdiction of this Court.
In view of it, the writ petition is disposed of by keeping the petitioner at liberty to approach the Registrar, Allahabad University for redressal of his grievance by way of submitting a detailed representation. The petitioner, if submits any such representation within a period of 15 days from today, the Registrar, Allahabad University shall consider and decide the same in accordance with law expeditiously preferably within a period of one month thereafter."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 12.3.2019 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 one month's time 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 :- 30.4.2019 RKP