Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6447 of 2019 Applicant :- Akhilesh Kumar Tripathi Opposite Party :- Mr. Awnish Kumar, Tahsildar Counsel for Applicant :- Ajay Kr. Srivastava,Sanjay Kr. Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 11.09.2018 passed in Writ A No. 30823 of 2018 filed by the applicant, this Court directed as under:
"The petitioner has filed a Revision which was allowed on 1.9.2016 against which the respondent no.2 has filed a Restoration Application on 9.8.2017. The grievance of the petitioner is that because of the pendency of the Restoration Application, his name is not being recorded in the revenue records.
It is, therefore, directed that the Restoration Application filed on 9.8.2017 for the recalling of the order dated 1.9.2016 be decided by the Tehsildar, Tehsil Bilhaur, District Kanpur Nagar within a period of one month from the date of presentation of a certified copy of this order, if there is no other legal impediment.
The writ petition is, accordingly, disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within one month from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.9.2019 Pkb/