Court No. - 35

Case :- CONTEMPT APPLICATION (CIVIL) No. - 7773 of

2022

Applicant :- Sachendra

Opposite Party :- Vinay Kumar Upadhyay, Director/Engineer-

In-Chief

Counsel for Applicant :- Anil Kumar Tiwari

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 18.4.2022 passed in Writ A No. 3884 of 2022

filed by the applicant, the writ Court directed as under:

"Considering the facts and circumstances of the case but without

expressing any opinion on the merits of the case set up on behalf of the

petitioner, the present writ petition is disposed of by providing that

petitioner may make a fresh representation, ventilating all his grievances,

supported by such documents, as he may be advised, before respondent

no.3, within two weeks from today, along with a certified copy of this

order. On such representation being made, respondent no.3 shall consider

and decide the same, strictly in accordance with law, by means of a

reasoned speaking order, preferably within three months thereafter, if there

is no legal impediment. "

Learned counsel for the applicant submits that a certified copy

of the aforesaid order was submitted for compliance before the

opposite party on 7.5.2022 , but the opposite party has willfully

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 for

punishing the opposite party for willful disobedience of the writ

Court order. However, considering the facts and circumstances

of the case, one more opportunity is accorded to the opposite

party to comply with the aforesaid order of the writ Court in its

letter and spirit within two months from the date of production

of a 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 record thereof.

The opposite party shall comply with the directions of the writ

Court and intimate the applicant(s) 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 :- 20.1.2023

Rahul Dwivedi/-

Digitally signed by :-

RAHUL DWIVEDI

High Court of Judicature at Allahabad