Court No. - 35

Case :- CONTEMPT APPLICATION (CIVIL) No. - 291 of

2023

Applicant :- Santosh Kumar Mishra

Opposite Party :- Ashish Kumar Singh, District Basic

Education Officer

Counsel for Applicant :- Mohd Shere Ali

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 7.9.2022 passed in Writ A No. 12590 of 2022

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

"Considering the submissions advanced, this Court is of the opinion that

no useful purpose would be served by keeping the writ petition pending

and the same is accordingly, disposed of expecting the Respondent No.2,

Basic Shiksha Adhikari, District Maharajganj, ceased with the application

of the petitioner dated 24.11.2020, to pass appropriate orders thereon,

after considering all aspects of the matter, strictly in accordance with law,

preferably within a period of two months from the date of serving certified

copy of this order.

Needless to say that this Court has not expressed any opinion on the

merits of the case and it shall be open for the Respondent No.2 to pass

appropriate orders."

Learned counsel for the applicant submits that a certified copy

of the aforesaid order was submitted for compliance before the

opposite party on 12.9.2022 and thereafter reminder was also

sent on 18.11.2022, 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 :- 19.1.2023

Rahul Dwivedi/-

Digitally signed by :-

RAHUL DWIVEDI

High Court of Judicature at Allahabad