KRISHNA MURARI,J. - (1.) HEARD Sri Arvind Srivastava, learned counsel for the applicant.
(2.) THIS application under Section 10 read with Section 12 of the Contempt of Courts has been filed on the allegation of wilful disobedience and violation of the order dated 02.04.2012 passed by the Hon'ble Supreme Court. Facts are that the applicant no. 1 is a partnership firm and applicant no. 2 is its partner. The firm was given contract for loading and unloading the food grains from Nebuwa-Naurangi Center and Deoria Center and another contract for loading and unloading food grains from Railway Wagons to the Railway Platform at Railhead Center. During subsistence of the contract, vide order dated 3.12.2011 passed by the opposite party, the contract was cancelled and the applicant firm was black listed. The order was challenged by filing writ petition no. 3281 of 2012. This Court in so far as cancellation of contract is concerned vide order dated 18.01.2012 refused to interfere in the matter. However, in so far as black listing is concerned, the Court having found that it was passed without any notice or opportunity of hearing directed the authority to pass appropriate fresh order after giving opportunity of hearing to the applicant. The order passed by this Court was challenged by the applicant by filing Special Leave to Appeal (Civil) No (s) 9478 of 2012, wherein the Hon'ble Supreme Court vide order dated 02.04.2012 stayed the order passed by the opposite party placing the name of the applicant in the black-list of the department.
(3.) IT has been alleged that despite service of the order passed by the Hon'ble Apex Court, the representation made by the petitioner in pursuance of the order dated 18.01.2012 passed by this Court has been rejected on 02.04.2012 by ante dating it to circumvent the order of the Hon'ble Supreme Court. Before entering into the merits of the allegations that the order has been passed ante dated by the opposite party to by-pass and circumvent the order passed by the Hon'ble Supreme Court, it is necessary to consider the question whether this Court has power to entertain the petition for non compliance or wilful disobedience of any order passed by the Hon'ble Supreme Court.;