Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6255 of 2019 Applicant :- Brij Bhushan Pal Opposite Party :- Omveer Dixit, Executive Engineer Construction Division, U.P. Jal Nigam Counsel for Applicant :- Ram Badan Maurya
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the applicant is permitted to correct the prayer clause forthwith.
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 07.02.2019 passed in Writ-A No.1920 of 2019 (Brij Bhushan Pal v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.02.2019 is quoted as under:-
"3. In such facts, no useful purpose would be served in keeping the present writ petition pending any further or calling for a counter affidavit, at this stage. The present writ petition is disposed of with a direction that in case, the petitioner files a proper representation before respondent no.5-Executive Engineer, Construction Division, U.P. Jal Nigam, Mainpuri within a period of two weeks from today, it is expected that the said authority may pass appropriate orders on the petitioner's representation as expeditiously as possible, preferably within a period of three months from the date of filing such representation.
4. It is further expected that any amount that may be found payable to the petitioner shall be paid out alongwith the order that may be passed and served to the petitioner at the address disclosed in the writ petition."
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 six 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 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 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 :- 26.9.2019 A. Pandey