Allahabad High Court High Court

Rajendra Singh vs Baij Nath Yadav S.D.M. on 4 January, 2010

Allahabad High Court
Rajendra Singh vs Baij Nath Yadav S.D.M. on 4 January, 2010
Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4843 of 2009

Petitioner :- Rajendra Singh
Respondent :- Baij Nath Yadav S.D.M.
Petitioner Counsel :- Damodar Pandey

Hon'ble Vikram Nath,J.

Heard learned counsel for the applicant.

This contempt application has been filed with the allegation that in spite of an
order dated 9.9.2009 passed by this court in Writ Petition No.48032 of 2009
the opposite party Baij Nath Yadav, Sub Divisional Magistrate, Hata, District
Kushinagar has not decided his representation though the stipulated time has
elapsed.

The opposite party, Sub Divisional Magistrate, Hata, District Kushinagar is
bound by the order of this court and in case he does not decide it within a
month of receipt of this order, without any reasonable cause, the court would
have no option except to punish him under Section 12 of the Contempt of
Courts Act and other allied powers.

The applicant shall supply a duly stamped registered envelope addressed to
the opposite party, Sub Divisional Magistrate, Hata, District Kushinagar 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 to the opposite party Sub Divisional Magistrate,
Hata, District Kushinagar within three weeks from today and keep a record
thereof.

The opposite party Sub Divisional Magistrate, Hata, District Kushinagar shall
decide the representation of the applicant and intimate him of the order
through the self-addressed envelope within a month thereafter.
In case, opposite party Sub Divisional Magistrate, Hata, District Kushinagar
does not comply with the aforesaid directions, it would be open to the
applicant to approach this court again.

With the aforesaid observations, this petition is finally disposed off at this
stage.

Order Date :- 4.1.2010
RPS