Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1655 of 2018 Applicant :- Basanti Devi Opposite Party :- Sri Ramesh Maurya, Assistant Collector 1st Class/ Tehsildar (Judicial) Counsel for Applicant :- Santosh Kumar Jaiswal
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant.
By order dated 12.05.2017 passed in Writ-C No.20762 of 2017 filed by the applicant, the writ Court directed as under :
"Heard Sri Santosh Kumar Jaiswal for the petitioner, Standing Counsel for State of U.P. and Sri Manoj Kumar Yadav, Standing Counsel for Gram Panchayat.
This writ petition has been filed for a mandamus, directing the District Magistrate and Assistant Collector, 1st Class/Tahsildar (Judicial), Sadar, district Ghazipur, to take necessary action against respondents-5 to 11 for their ejectment from plot no. 1183, area 0.023 hectare of village Nasratpur, pargana Pachotar, district Ghazipur.
It is stated that Assistant Collector has already passed orders dated 4.11.2016 and 9.12.2016 for removal of encroachment from the aforesaid land.
Without entering into the controversy involved in the matter, the writ petition is disposed of with direction to Assistant Collector, 1st Class/Tahsildar (Judicial), Sadar, district Ghazipur to ensure compliance of his orders dated 4.11.2016 and 9.12.2016, within a period of two months from the date of producing a certified copy of this order before him, if the orders have not been stayed by any higher Court."
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 a further period of two months from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop 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 envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
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 :- 30.3.2018 NLY