Heard learned counsel for the applicant.
Shri R.D. Shahi, learned counsel for the applicant alleges non-compliance of order of writ Court dated 31.01.2014 passed in Writ Petition No. 576 (S/S) of 2014 (Chandra Prakash Singh Vs. C/M Manrega Cell U.P. Gramya Vikas, through Commissioner, Lucknow), whereby the writ Court directed the District Magistrate, Shravasti (opposite party no. 2 of the writ petition) to consider and decide the representation of the petitioner dated 10.01.2014 (Annexure no. 2 to the writ petition) by passing a speaking and reasoned order, in accordance with law, within a period of one month from the date of production of a certified copy of order and communicate the result of the same to the petitioner.
Submission of learned counsel for the applicant is that copy of the order of writ Court was served through registered post on 17.02.2014 followed by reminder on 13.06.2014, but till date no action has been taken by the District Magistrate, Shravasti. It is also submitted that in the meantime the concerned Gram Panchayat rejected the representation of applicant vide order dated 05.04.2014 and subsequently, Chief Development Officer also communicated the said order to the applicant vide letter dted 21.06.2014. In this background, submission of learned counsel for the applicant is that the direction of the writ Court was to the District Magistrate, Shravasti to decide the representation of the petitioner/applicant and decision on the representation of the applicant/petitioner by any other authority has no meaning. As the order of the writ Court has not been complied with, therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 31.01.2014 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 05.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 31.01.2014 passed in Writ Petition No. 576 (S/S) of 2014 (Chandra Prakash Singh Vs. C/M Manrega Cell U.P. Gramya Vikas, through Commissioner, Lucknow).
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.
Order Date :- 10.7.2014 Tanveer/-