Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3709 of 2019 Applicant :- Chandrawati Devi Opposite Party :- Napru Singh, Tehsildar Counsel for Applicant :- Rang Nath Pandey,Rahul Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 11.12.2018 passed in Writ C No.40725 of 2018 filed by the applicant, the Court directed as under:
"The sole prayer in the writ petition is that the Case No. T20151418032659, (Chandrawati Vs. Ram Narayan), under Section 35 of U.P. Revenue Act, 2006 be decided within a stipulated period of time.
It is, therefore, being directed that the respondent No.1, Tahsildar (Judicial), Tehsil- Sakaldiha, District Chandauli will decide the Case No. T20151418032659, (Chandrawati Vs. Ram Narayan), under Section 35 of U.P. Revenue Act, 2006 within a period of three months from the date of presentation of a certified copy of this order, if there is no other legal impediment.
Accordingly, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party and another self-addressed stamped 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 party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of 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 party within the stipulated time as aforementioned.
Order Date :- 31.5.2019 RKP