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2015 DIGILAW 1167 (ALL)

Markandey Yadav v. Shri Awadhesh Narain Sharma, Dir. of Edu. , (Madhyamik), Lko.

2015-05-11

RAJESH DAYAL KHARE

body2015
JUDGMENT Rajesh Dayal Khare, J. Heard learned counsel for the applicant. 2. The grievance of the applicant is that the opposite party-contemnor has intentionally and deliberately flouted the order of the Writ Court dated 08.5.2014 passed in Writ-C-No. 14242 of 2013, copy of which order has been annexed as annexure-4 to the affidavit accompanying this contempt application, whereby the applicant was granted liberty to file fresh representation before the opposite party with regard to the institution being taken on grant-in-aid within a period of three weeks and the opposite party was directed to consider and decide the same within one month thereafter. 3. Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite party by registered post vide application dated 10.12.2014 copy of which along with registry receipt has been filed as annexure-5 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 applicant 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 him 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 applicant to approach this court again. With the aforesaid observations, this application is finally disposed of at this stage.