Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5546 of 2019 Applicant :- Chandrasudher Singh Opposite Party :- Pradeep Kumar, Assistant Collector Chakiya Counsel for Applicant :- Rajendra Singh
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 13.08.2018 passed in PIL No.3444 of 2018 (Chandrasudher Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 13.08.2018 is quoted as under:-
"It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the concerned Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot No. 72(M) to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha property are removed within a period of one month thereafter unless the order of concerned Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said case, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
It is also clarified that the time limit prescribed above shall also be adhered to by the Assistant Collector, if any case has already been registered under Section 67 regarding encroachment over Plot No. 72(M).
With the aforesaid directions, the writ petition is disposed of."
It is averred in the affidavit so 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 three 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 :- 29.8.2019 A. Pandey