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2015 Supreme(All) 1946
ALLAHABAD HIGH COURT
Rajesh Dayal Khare, J.
C/M Daya Nand Sanskrit Ucchatar Madhyamik Vidyalay And Anr. - Appellant
Versus
Mr. Awadh Naresh Sharma, Director S.M.B.S. Bhawan, U.P. Lko. - Respondent
Contempt Application (Civil) No. 2755 of 2015
Decided On : 08-05-2015
For the Petitioner: Santosh Kumar Singh.
Non-compliance with a Writ Court order may lead to contempt proceedings, and the opposite party is bound by the court's directions.
Headnote:
Contempt of Court - Non-compliance with Writ Court Order - The court directed the opposite party to consider and decide pending representations by reasoned order within three months. The opposite party failed to comply, leading to a contempt application. The court warned the opposite party of potential contempt proceedings if the order was not followed within two months.
Fact of the Case:
The applicants filed a contempt application alleging that the opposite party had intentionally flouted the order of the Writ Court, which directed the consideration and decision of pending representations within three months.
Finding of the Court:
The court directed the opposite party to comply with the Writ Court's order and warned of potential contempt proceedings if the directions were not followed within two months.
Issues: Non-compliance with Writ Court order, Contempt of Court
Ratio Decidendi: The court emphasized the binding nature of the Writ Court's order on the opposite party and set a deadline for compliance, indicating the potential consequences of non-compliance.
Final Decision: The application was finally disposed of with directions for the opposite party to comply with the Writ Court's order and potential further action if non-compliance persisted.
Rajesh Dayal Khare, J.
List of fresh cases has been revised. Heard learned counsel for the applicants.
2. The grievance of the applicants is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 28.10.2014 passed in Writ-A-No. 56718 of 2014, copy of which order has been annexed as annexure-5 to the affidavit accompanying this contempt application, whereby the opposite party was directed to consider and decide the pending representations of the applicants dated 15.7.2013 and 05.8.2013 by reasoned and speaking order in accordance with law, preferably within a period of three months from the date of production of a certified copy of the order.
3. Learned counsel for the applicants contends that the aforesaid order of the Writ Court was duly served upon the opposite party personally vide application dated 13.11.2014 copy of which bearing endorsement of receipt has been filed as annexure-6 to the affidavit accompanying this application. It is contended that in spite of service of the order of the writ Court, same has not been complied with, therefore, the opposite party has deliberately flouted the order of the Writ Court.
4. The opposite party is bound by the order of this court and in case he does not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against him under the Contempt of Courts Act.
5. The applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks 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 three weeks from today and keep a record thereof.
6. The opposite party shall comply with the directions of the writ court and intimate them of the order through the self-addressed envelope within a week thereafter.
7. In case, opposite party does not comply with the aforesaid directions, 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.
