Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5569 of 2019 Applicant :- Braj Bhushan Singh Opposite Party :- Harish Chandra Tripathi, Tehsildar Counsel for Applicant :- Shivendra Nath Singh
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 15.4.2019 passed in Public Interest Litigation (PIL) No.616 of 2019 filed by the applicant, the Court directed as under:
"This public interest litigation has been filed praying that the authority concerned may be directed to remove encroachment from Gata Nos.412 and 226 recorded as pond situated in Village Teghna, Post Tecteuva Rampur, Tehsil Ghosi, District Mau.
Learned Standing counsel on behalf of the instructions received by him, has informed that in this regard, proceedings under 67 of the U.P. Revenue Code, 2006 are already pending.
Sri Vijay Pratap Yadav, Advocate has put in appearance on behalf of the respondent nos.5, 8, 13, 19, 20, 29, 33, 34, 35, 7, 10, 11, 12, 21, 24, 25, 26, 27, 28, 30 and 31, has also affirmed the statement made by learned Standing counsel that proceedings are pending against the private respondents.
This writ petition is disposed of with direction that the proceedings under Section 67 of the U.P. Revenue Code, 2006 shall be concluded by the Tehsildar, Tehsil Ghosi, District Mau within a period of three months from the date of production of certified copy of this order."
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 Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 29.8.2019 RKP