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Akhilesh Kumar Srivastava vs Himanshu Kumar Principal Secretary Department Of Stamp

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2558 of 2019 Applicant :- Akhilesh Kumar Srivastava Opposite Party :- Himanshu Kumar Principal Secretary Department Of Stamp, And 2 Others Counsel for Applicant :- Rahul Srivastava Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 21.02.2019 passed in Writ-A No.997 of 2019 (Akhilesh Kumar Srivastava v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 21.02.2019 is quoted as under:-
"Learned Standing Counsel on instructions states that the entire retiral benefits, which according to them are admittedly due and payable to the petitioner, shall be released within a month from today.
Consequently this petition shall stand disposed of in light of the statement noted and recorded above. In case the petitioner is aggrieved with respect to the quantum of benefits released, all remedies shall be open to him to assail the same in accordance with law."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within one month from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 29.4.2019 A. Pandey
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  • Mahesh Chandra Tripathi
  • Rahul Srivastava