The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 11.04.2019 passed in Writ-C No.12278 of 2019 (Ram Gopal and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 11.04.2019 is quoted as under:-
"Therefore, in the interest of justice, we dispose of the writ petition with the direction to the Nagar Palika Parishad Auraiya to consider the reply of the petitioners submitted in pursuance to the notice dated 26.12.2018 as aforesaid in accordance with law expeditiously if possible within a period of six weeks from the date of certified copy of this order is produced.
The Executive Officer Nagar Palika Parishad Auraiya shall proceed in the matter only after deciding the said representation/objection of the petitioners.
A copy of this order may be filed by the petitioners before Executive Officer Nagar Palika Parishad Auraiya within a period of two weeks from today."
It is averred in the affidavit filed alongwith contempt application 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 four 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 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 :- 27.8.2019 A. Pandey