VIJAY PRAKASH UPADHYAY Vs. ADVOCATE GENERAL, U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner before this Court seeks a writ of mandamus directing the Advocate General, State of U.P. to consider the application made by the petitioner under Section 15 of Contempt of Courts Act for permission to initiate contempt proceedings against the District Magistrate, Mathura in his capacity as Aauthorized Controller, Kishori Raman Post Graduate College Mathura. According to the petitioner-applicant the District Magistrate has obtained a fresh order from the Vice Chancellor of the University based on the earlier order which was the reason for the order dated 15.01.2015 consigning the Contempt Application (Civil) No. 4372 of 2014 filed for non compliance of the order dated 26.02.2014 passed in Writ Petition No. 36299 of 2009 to record. This order dated 15.01.2015 has been recalled on correct facts being brought to notice of the Contempt Court vide order dated 31.07.2015. He has committed forgery. The order from Vice Chancellor has been obtained without affording opportunity of hearing to the petitioner.

(3.) The sheet anchor for permission to initiate contempt proceedings against the District Magistrate by the present petitioner before the Advocate General, State of U.P. is the order dated 31.07.2015 passed in Contempt Application (Civil) No. 4372 of 2014 (Dr. Vijay Prakash Upadhyaya Vs. Smt. B. Chandrakala, D.M.). The order has been enclosed at page 38-39 of the paper book.