Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2977 of 2021 Applicant :- Ajay Singh Opposite Party :- Sanjay Kumar Khatri, D.M. And Another Counsel for Applicant :- Om Prakash Vishwakarma,Udham Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and perused the record.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order of writ Court dated 21st October, 2020 passed in Public Interest Litigation (PIL) No.- 1155 of 2020 is complained of. It is alleged that not only the service of the order had been duly effected upon the opposite parties vide registered letter dated 23th October, 2020 and even several reminders made and duly served in respect thereof and yet the order has not been complied with till date. It is argued by learned counsel for the applicant that there has been a deliberate attempt on the part of the opposite party to flout the order of this court and hence contempt application.
Upon perusal of the order passed by this Court, I find that there was a direction to decide the claim raised by of the applicant while at the same time the Court did not deal with the merit of the claim.
In such above view of the matter and in the circumstances when the claim of the applicant has yet not been dealt with on merits, in my considered view one further opportunity be given to the sole opposite party so that there comes an authoritative decision on the merit of the claim of the applicant.
Accordingly, at this stage this contempt application is disposed of with a direction to the opposite party Nos. 1 & 2 to comply with the order of writ Court dated 21st October, 2020 passed in Public Interest Litigation (PIL) No.- 1155 of 2020 (Ajay Singh vs. State of U.P. and others) positively within a period of sixty days from the date of service of this order upon him by the applicant who is directed to serve copy of this order upon opposite parties within two weeks from today.
Needless to add that the authority concerned shall proceed under Section 67 of the U.P. Revenue Code, 2006 strictly in accordance with law and follow the procedure prescribed for very religiously.
It is further directed that the opposite party shall submit compliance report with the Registry of this Court to be placed on record.
Order Date :- 12.8.2021 Atmesh