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2024 Supreme(All) 203
IN THE HIGH COURT OF ALLAHABAD
VIKAS BUDHWAR, J.
Bhola Jaiswal – Appellant
Versus
Ashutosh, Sub-Divisional Magistrate – Respondent
Contempt Application (Civil) No.9401 of 2023
Decided on : 05-01-2024
Advocate Appeared:
For the Appellant : Imtiyaj Ali
The court has the authority to address cases of willful disobedience of court orders and can grant further time for compliance before taking further action.
Headnote:
Contempt - Non Compliance of Court Order - The court found prima facie evidence of willful disobedience of a judgment and order and granted the opposite party six weeks to comply with the order. The applicant was directed to supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office.
Fact of the Case:
The present contempt application alleged non-compliance of the court order dated 20.12.2022 in a writ petition, contending that the order had not been complied with despite being supplied to the opposite party.
Finding of the Court:
The court found prima facie evidence of willful disobedience of the judgment and order and granted the opposite party six weeks to comply with the order. No notice was issued to the opposite party at this stage.
Issues: Alleged non-compliance of court order, willful disobedience, granting of further time to comply with the order.
Ratio Decidendi: Prima facie case of willful disobedience, granting further time for compliance, directions for communication and potential future action if non-compliance continues.
Final Decision: The application was finally disposed of at this stage with the observations and directions provided to the parties.
JUDGMENT :
Vikas Budhwar, J.
1. The present contempt application has been preferred alleging non compliance of the order dated 20.12.2022 passed by this Court in Criminal Misc. Writ Petition. No. 10912 of 2022. It is contended that the copy of the order of the writ court has been supplied to the opposite party on 7.1.2023 through registered post but the order of writ Court has not been complied with.
2. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition.
3. However, no notice is issued to the opposite party at this stage. The opposite party is granted six weeks further time to comply with the order dated 20.12.2022 passed by this Court in Criminal Misc. Writ Petition. No. 10912 of 2022 from the date of production of a certified copy of this order.
4. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed 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 one week thereafter and keep a record thereof.
5. The opposite party shall comply with the directions of the writ court and intimate the applicant/s the order through the self-addressed envelop within a week thereafter.
6. In case, the opposite party does not comply with the order, it would be open to the applicant/s to approach this court again.
7. With the aforesaid observations, this application is finally disposed of at this stage.
