Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3774 of 2019 Applicant :- C/M Adarsh Kisan Janta Laghu Madhyamik Vidyalaya Singhrjaja Opposite Party :- Rubi Singh, Secretary State Of Uttar Pradesh Department Of Basic Education Counsel for Applicant :- Subhash Chandra Tiwari,Anoop Kumar
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 16.01.2019 passed in Writ-C No.19290 of 2010 (C/M Adarsh Kisan Janta Laghu Madhyamik Vidyalaya Singhrjaja v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 16.01.2019 is quoted as under:-
"In view of the aforesaid, the writ petition is allowed. The impugned order dated 16.12.2009 (annexure-12) is quashed and the respondent no. 1 is directed to consider the claim of the petitioner and if the petitioner's claim found supported by the material evidence and the observations of the judgment referred herein above the petitioner's institution should be provided full financial Aid immediately.
This exercise should be carried out by the respondent no. 1 within a period of four weeks from the date of production of the certified copy of this order and a copy of the order passed by this Court in Writ- C No.- 17883 of 2008 decided on 03.11.2017.
It is made clear that so far as the observation / direction passed by this Court vide order dated 03.11.2017 is related to the compensation the same will not be effective in the instant case."
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 :- 31.5.2019 A. Pandey