Order against writ petition, contempt petition due to non-compliance of order of writ petition by r
Uttam Sarkar
(Querist) 13 August 2015
This query is : Resolved
I filed a WRIT Petition at High Court. Judge has disposed the WRIT Petition by giving order to respondent to execute some work within fifteen days. Respondent did not comply the order; instead, he filed Special Leave Petition in Supreme Court. I have filed Contempt petition in High Court. Judge is not taking up the Contempt petition on the plea that Special Leave Petition is lying before Supreme Court. SLP is defective and defects are not cured by Respondent till now. As per statute, there is a deadline for completion of the work.
In this situation, what legal remedy lies with me to ensure that respondent complies with the order of High Court in the WRIT Petition?
P. Venu
(Expert) 14 August 2015
Pending SLP has no legal effect unless leave is granted and the operation of HC Order stayed.
However, it is an unfortunate aspect that various judicial fora, HCs included, are taking pending SLPs to be grant of stay.
Uttam Sarkar
(Querist) 14 August 2015
Thank you very much for the reply. In fact Supreme Court Rules also states that. I have got Supreme Court case Kunhayammed & Others Vs State of Kerala & Others which clearly ststes that SLP under Article 136 of Constitution of India has two parts - one is discretionary jurisdiction and other is Appellate Jurisdiction. Then also I am failing to convince.
Thank you again for confirming my understanding.
Rajendra K Goyal
(Expert) 14 August 2015
Discuss with your lawyer who is well aware of the case file.
Dr J C Vashista
(Expert) 15 August 2015
The SLP is yet to be registered and admitted and impugned order is to be taken up subsequently for stay, therefore, move to HC in contempt.
Uttam Sarkar
(Querist) 17 August 2015
Mr Vashista
Thank you very much for the guidance. In my original query, I stated that Contempt petition has already been filed and Calcutta High Court Justice is not entertaining the Contempt petition on the plea that SLP is pending at Supreme Court. Please provide me your guidance in this matter.
