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BHARAT VEER DEV AND ANOTHER versus BABU RAM AND OTHERS

High Court of Judicature at Allahabad

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Bharat Veer Dev And Another v. Babu Ram And Others - WRIT - C No. - 3277 of 2007 [2007] RD-AH 15663 (18 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Tarun Agarwala,J.

Heard learned counsel for the applicant.

The applicant claimed that the order of the Writ Court dated 28.3.2007 has not been complied by the opposite party. By the order of the Writ Court, the order dated 20.5.1999 passed by the District Inspector of Schools was quashed. The learned counsel for the applicant submitted that once the order of the District Inspector of Schools, dated 20.5.1999, was quashed. The earlier order dated 2.7.1996 passed by him revived and therefore, the District Inspector of Schools was required to implement the said order dated 2.7.2006. Since that had not been done the District Inspector of Schools committed contempt of the Court. In my opinion, the submission of the learned counsel for the applicant is misconceived. The contempt proceedings can be initiated against the erring official who has not complied with the orders of the Writ Court. From a perusal of the order of the Writ Court dated 28.3.2007, it appears, that there is no such direction to the authority to comply with its order dated 2.7.1996. Consequently, no contempt proceedings can be initiated against the opposite party at this stage. If the applicant is aggrieved by non-compliance of the order of the District Inspector of Schools dated 2.7.1996 the remedy lies elsewhere and not in the contempt jurisdiction.

The contempt application dismissed.

Dated: 18.9.2007

AKJ(WP 3277/07)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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