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2015 DIGILAW 2024 (ALL)

Sooraj Bali Pandey v. Udai Veer Singh Yadav, Direcdtor, Panchayati Raj

2015-07-21

RAN VIJAI SINGH

body2015
JUDGMENT Ran Vijai Singh, J. Heard Sri N.K.Mishra holding brief of Sri K.K.Tiwari, learned counsel for the applicants and learned standing counsel for the opposite party. 2. This contempt application has been filed for punishing the opposite party for willful disobedience of the order dated 11.2.2015 passed by this Court in Civil Misc. Writ Petition No. 7030 of 2015 (Suraj Bali Pandey and anothers vs. State of U.P. and others) wherein this Court has observed as under: "On such a representation being made the Director shall call for the record and shall decide the objections by means of a reasoned speaking order preferably within four weeks thereafter." 3. It appears that even after service the aforesaid order, writ Court's order has not been complied with and the present contempt application has been filed. On 9.6.2015 this Court has issued notice to the opposite party requiring him to show cause by appearing in person as to why charge be not framed against him for disobeying the order of this Court. It was also observed that in case the order the writ Court is complied the opposite party need not to appear in person and only file an affidavit of compliance. 4. Pursuant thereto an affidavit of compliance has been filed duly sworn by Sri Udai Veer Singh Yadav, Director Panchayati Raj, Uttar Pradesh, Lucknow annexing therewith the order dated 3.7.2015 deciding the representation of the applicant. 5. Considering the fact that the order dated 11.2.2015 passed by this Court in Civil Misc. Writ Petition No. 7030 of 2015 (Suraj Bali Pandey and anothers vs. State of U.P. and others) has been complied and the opposite party has tendered unconditional apology explaining the reason for non compliance of the writ Court's order earlier, I do not find that there is any element to substantiate that the order the writ Court has been willfully disobeyed. 6. The contempt application is dismissed. Notice issued to the opposite party is discharged.