Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4262 of 2018 Applicant :- Shambhoo Nath Tiwari And 3 Other Opposite Party :- Alok Kumar Counsel for Applicant :- Mohan Tiwari
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicants.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 1.12.2017 passed by this Court in Writ Petition Nos. 33344 of 2012, 33339 of 2012, 33343 of 2012 and 33345 of 2012, wherein this Court has observed as under:-
" In view of the aforesaid, these writ petitions are dismissed on the ground of alternative remedy leaving it open to the petitioners to file an appeal/revision before the Chief Managing Director/Chairman, U.P. Power Corporation, within four weeks from today alongwith certified copy of this order. In the event such appeals/revisions are filed, it shall be decided by the aforesaid authority, in accordance with law, preferably within next ten weeks, after affording reasonable opportunity of hearing to all the parties concerned including the petitioners. For a period of four months from today or till disposal of such appeals/revisions, which ever is earlier, no coercive action shall be taken by the respondents for recovery of the amount under the impugned orders."
It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 1.12.2017 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party no. 1 is granted ten weeks further time to comply with the judgment and order dated 1.12.2017 passed by this Court in Writ Petition Nos. 33344 of 2012, 33339 of 2012, 33343 of 2012 and 33345 of 2012 from the date of receipt of certified copy of this order.
In case, the opposite party does not comply with the order, it would be open to the applicants to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 21.8.2018 AKJ