Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5574 of 2019 Applicant :- Anshuman Singh Yadav Opposite Party :- Sri Pankaj Kumar Shukla, Deputy Director, Horticulture Vindhyachal Circle And Another Counsel for Applicant :- Anil Kumar Shukla,Sarita Jhingan
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 14.3.2019 passed in Writ A No.3135 of 2019 filed by the applicant, the Court directed as under:
"From the above and on a reading of the aforesaid decision, it is evident that the view taken by the fourth respondent resting on this ground cannot be sustained.
Learned Standing Counsel does not dispute the legal position noted above. He consequently prays that the matter may be remitted to the fourth respondent for consideration afresh. Accordingly and in view of the position as conceded above, this writ petition shall stand allowed. The impugned order dated 10 December 2018 is hereby quashed. The matter shall in consequence stand remitted to the fourth respondent for consideration afresh, in accordance with law and in light of the observations made hereinabove."
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 six 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 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 parties shall comply with the directions of the writ court and intimate him 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 :- 29.8.2019 RKP