Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5333 of 2019 Applicant :- Birendra Pratap Singh Opposite Party :- Bhanu Chandra Goswami, District Magistrate Counsel for Applicant :- Kamleshwar Singh 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 respondents for disobedience of the order dated 10.08.2018 passed in Writ-C No.27099 of 2018 (Birendra Pratap Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 10.08.2018 is quoted as under:-
"The grievance of the petitioner is that order dated 12.7.2017 passed by the Tehsildar Handia, District - Allahabad, is not being complied with. In this regard, he has filed an application before the District Magistrate Allahabad on 12.4.2017 which is pending consideration.
It is, therefore, directed that the District Magistrate shall pass orders on the application within two months from the date of production of a certified copy of this order, provided there is no other legal impediment."
Learned counsel for the applicant submits 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 two 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 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 :- 22.8.2019 A. Pandey