Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5564 of 2019 Applicant :- Anil Kumar Pandey Opposite Party :- Jitendra Kumar Kushwaha, Additional District Magistrate Counsel for Applicant :- Raj Karan Yadav,Anil Kumar Yadav,Yadvendra Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 12.9.2017 passed in Writ-C No.29153 of 2018 ( v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 12.9.2017 is quoted as under:-
"In the counter affidavit filed by the State also it has come on record while proceedings under Section 10(5) of the Act had been initiated against the petitioner, there is nothing on record to show that any proceeding under Section 10(6) of the Act aforesaid, was ever completed against the petitioner.The record also reflects, the land remained with the original owner and was not subjected to any transfer.
In view of the above, we come to the conclusion that the writ petition is liable to be allowed. The benefit of the Repealing Act has to be given to the petitioner."
It is averred in the affidavit so filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents 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 three months 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 29.8.2019 A. Pandey