Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2530 of 2019 Applicant :- Anil Srivastava Opposite Party :- Ajay Kumar, Chairman, Nagar Palika Parishad Counsel for Applicant :- Siddharth Khare Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 4.10.2018 passed in Writ A No. 21475 of 2018 filed by the applicant, this Court directed as under:
"In such view of the matter it is appropriate that the case of regularisation of the petitioner be considered by the competent authority. The petitioner shall submit a fresh copy of the representation to the respondent no. 5. In case, the respondent no. 5 is not the competent authority, the respondent no. 5 shall forthwith transmit the records and the application of the petitioner to the competent authority. The respondent no. 5 shall decide the representation within a period of four months from the date of production of a certified copy of this order along with fresh copy of the representation.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally. "
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 four 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 party 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 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 :- 26.4.2019 A.K.Srivastava