The Allahabad High Court on Friday has given the district magistrate of Kanpur Dehat, Jitendra Pratap Singh, a week’s time to comply with the court’s order and in the event of non-compliance, the former district magistrate, Dinesh Chandra, will appear on March 25. A single bench of Justice V.K. Birla passed this order while hearing a contempt application filed by Archana Mishra.
The standing counsel for the opposite party states that a fax was sent to Dinesh Chandra, the then district magistrate on February 27, 2021. He, however, points out that Dinesh Chandra, the then District Magistrate (opposite party no. 1) was transferred and new incumbent Jitendra Pratap Singh joined on March 4, 2021 as district magistrate, Kanpur Dehat.
The counsel for the applicant is permitted to implead new incumbent Jitendra Pratap Singh, district magistrate, Kanpur Dehat as respondent. It has been stated that after the transfer of the earlier district magistrate, was also given a representation dated September 5, 2020, however, the claim of the petitioner was not decided.
The court is of the view that it is very much clear that even the order of the court dated February 17, 2021 was made known to Dinesh Chandra, the then district magistrate but the same was not complied with by him till the date of his transfer.
Standing counsel submits that a week’s time may be granted to the new incumbent respondent to ensure compliance with the writ court.
Admittedly, this is second contempt and neither the order of the writ court has been complied with nor the district magistrate Dinesh Chandra, is present in the court. Once the order of the court has been communicated to him and it has not been complied with by him, he cannot take shelter behind the transfer order and remain absent.
“Put up this case on March 25, 2021 as fresh before the appropriate bench, on which date in case order of the writ court is not complied with, district magistrate Dinesh Chandra and newly impleaded Jitendra Pratap Singh both shall remain present in court,” the court said.
It is directed that apart from Dinesh Chandra, standing counsel shall represent the newly impleaded respondent on the next date fixed as well.
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