Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2779 of 2010 Petitioner :- Manoj Kumar Kushwaha Respondent :- Mr. Kishan Singh Atoria, Prin. Sec. Irri. Dept Lko. And Ors. Petitioner Counsel :- K.M. Misra Hon'ble Vikram Nath,J.
Pursuant to order dated 27.5.2010 opposite parties no.1, 3 , 4 and 5 are
present. Sri M. C. Chaturvedi, learned Chief Standing Counsel, has appeared
on their behalf and has filed counter affidavits which are taken on record.
With regard to opposite party no.2 the Office has submitted report that he has
since retired on 30th June, 2010.
One submission advanced is that the State has already filed an intra court
appeal in April 2010 which was beyond the prescribed limit as such notices
have been issued on the delay condonation application.
Sri K. M. Mishra, learned counsel for the applicant, also admits the said facts.
In the circumstances Sri Chaturvedi has prayed for a reasonable time being
allowed to press the Special Appeal and the stay application before the
Division Bench and he has further submitted that if they fail compliance
would be affected.
Sri K. M. Mishra, learned counsel appearing for the applicant, has submitted
that shortest possible time may be allowed to the opposite parties to ensure
compliance.
List this case on 9th September, 2010.
In the meantime it will be open to the opposite parties to press the Special
Appeal and the stay application to get interim protection or else ensure
compliance of the writ Court directions, failing on above two counts, the
opposite parties shall remain again present on the next date fixed.
Order Date :- 6.8.2010
SS