Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2575 of 2021 Applicant :- Udaybhan Yadav Opposite Party :- Vinay Pandey,Director Of Education Madhymik Director Counsel for Applicant :- Arun Kumar Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and perused the record.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 6th February, 2020 passed by this Court in Writ- A No.- 1864 of 2020 is complained of.
It is argued by the learned counsel for the applicant that in spite of service of the order of this Court duly effected upon the sole opposite party vide registered post dated 18th March, 2020 and several reminders made in the past in respect thereof, the opposite party has failed to comply with the order of this Court till date. Vide paragraph 19 of the affidavit filed in support of the contempt application it is also alleged that there is deliberate attempt to flout the directions contained in the order of the writ court.
It is thus submitted that opposite party should be proceeded with and prosecuted for contempt of this court under section 12 of the Contempt of Courts Act, 1971.
Upon perusal of the order of the writ Court and mandate contained therein, the service of the order as shown to be effected upon the opposite party and so also the reminders made in respect thereof and further the pleadings raised in the affidavit filed in support of this application, I, prima facie, find merit in the submission made by learned counsel for the applicant.
Issue notice to the sole opposite party fixing 9th September, 2021.
However, since the entire State of U.P. was got badly hit by the surge of second waive of pandemic of Covid-19 resulting in the suspension of public movement and lock-down adversely affecting both judicial and administrative work in the State, it would be appropriate that one more opportunity is accorded to the opposite party to comply with the order and submit the compliance report to this Court on or before the next date fixed.
Accordingly, sole opposite party is directed to comply with the order of this Court dated 6th February, 2020 passed in Writ- A No.- 1864 of 2020 positively within six weeks 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 the authority concerned may require in making effective and substantial compliance of the order of this Court.
It is made clear that in case if on or before the next date the compliance affidavit is not filed, sole opposite party shall appear in person before this Court on the next date fixed.
List this matter on 9th September, 2021.
Order Date :- 27.7.2021 Atmesh