Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5500 of 2019 Applicant :- M/S Ashish Construction And 2 Others Opposite Party :- Anoop Kumar Srivastava, Engineer-In- Chief ( Design And Planning) And Anohter Counsel for Applicant :- Amit Kumar Singh
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 01.04.2019 passed in Writ-C No.10345 of 2019 (M/s Ashish Construction and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 01.04.2019 is quoted as under:-
"The petitioners have relied upon the order passed by this Court in Writ-C No.3099 of 2019 wherein this Hon'ble Court has issued the following directions:-
"In view of the factual background aforesaid, there is no just reason for detaining the amount for which the petitioner is otherwise entitled to have.
This petition for writ, hence, is disposed of by directing the Chief Engineer (Respondent no 2) to act upon the request made under the communication dated 11.4.2018 immediately as far as possible within a period of 15 days from today to enable the Executive Engineer Devkali Pump Canal Division Ist Ghazipur to satisfy the payments of the petitioner.
The petition, with the above directions, stands disposed of."
The petitioners are also entitled to the benefit of the same order as such the writ petition is disposed off in terms of the directions as extracted above."
It is averred in the affidavit filed alongwith the compliance 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 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 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 :- 27.8.2019 A. Pandey