Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5513 of 2019 Applicant :- C/M J.V. Jain College And Another Opposite Party :- Siromanto Sen, Secretary Counsel for Applicant :- Ajay Kumar Sharma
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 29.05.2019 passed in Writ-C No.14947 of 2019 (C/M J.V. Jain College and Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 29.05.2019 is quoted as under:-
"Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.3 to consider and decide the representation of the petitioners dated 7.3.2019 strictly in accordance with law within a period of six weeks from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.3 to decide the representation of the petitioners after considering the facts as well as Rules occupying the field."
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