Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4533 of 2019 Applicant :- Ata Hasnain Opposite Party :- Sri. Bhanu Chandra Goswami, D.M.
Counsel for Applicant :- D.K.Ojha
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 21.05.2019 passed in Writ Petition No.17367 of 2019 (Ata Hasnain v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Learned counsel for the petitioner has submitted that the application dated 13.2.2019 for issuance of firearm licence filed by him is pending before the respondent No. 2, District Collector Prayagraj, District Prayagraj since 2019 and not being decided.
This petition is finally disposed of directing the respondent aforesaid to decide the aforesaid application within period of six weeks from the date of production of certified copy of this order by a reasoned and speaking order after hearing the parties in accordance with law."
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 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 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 :- 25.7.2019 SP/