Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4522 of 2019 Applicant :- Bhagwan Lal Opposite Party :- Ratnakar Mishra, Tehsildar Counsel for Applicant :- Adeel Ahmad Khan 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 20.11.2017 passed in Writ Petition No.54779 of 2017 (Bhagwan lal v. State of U.P. & Anr.), which for ready reference is quoted as under:-
"Heard Sri Dharnidhar Pandey, learned counsel for the petitioner and the learned Standing Counsel for the State-Respondents.
The petitioner in the writ petition is seeking a direction to the respondents to decide the Case No.82 of 2008 (Bhagwan Lal Vs. Dhanpati) under Section 34 of the U.P. Land Revenue Act, 1901. Copy of the order sheet has been filed as Annexure-2 to the writ petition.
No useful purpose would be served by keeping this writ petition pending.
This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.2, Tehsildar, Tehsil Nautanva, District Maharajganj to consider and decide the Case No.82 of 2008 (Bhagwan Lal Vs. Dhanpati) in accordance with law expeditiously preferably within a period of one year from the date a certified copy of this order is received in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
It is also made clear that no unnecessary adjournment will be granted to either of the parties."
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 months 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/