Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5313 of 2019 Applicant :- Amrit Lal And 4 Others Opposite Party :- Vivek Chaturvedi, Upziladhikari Counsel for Applicant :- Hari Prasad Pandey Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 15.03.2019 passed in Writ Petition No.9433 of 2019 (Amrit Lal & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The contention of the petitioner is that he was in possession over plot no.274/2 and 320/1. He submits that because of the lack of demarcation between these two plots and the plots of respondent no.4, there were continuous disputes between them.
If that is the case, the petitioner may apply for a demarcation of his plots and the plots of respondent no.4. If the petitioner files an application for demarcation within a period of two weeks from today, the same shall be decided within a period of two weeks thereafter, 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 parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within two weeks 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 parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop 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 parties within the stipulated time as aforementioned.
Order Date :- 22.8.2019 SP/