Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3662 of 2019 Applicant :- Chhediram Opposite Party :- Dr. Raj Shekhar, D.M.
Counsel for Applicant :- Shiv Dayal Tiwari 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 opposite parties for wilful disobedience of the order dated 03.01.2019 passed in Writ-C No.40802 of 2018 (Chhediram v. State of U.P. & Ors.). For ready reference the order dated 03.01.2019 is quoted as under:-
"Heard learned counsel for the petitioner and Sri Santosh Kumar Pandey, learned Standing Counsel appearing for the respondents.
Present writ petition has been filed with the following prayer:
"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to decide the application of the Petitioner dated 13.4.2018/6.9.2018 villagers within the stipulated period as this Hon'ble Court may deem fit and proper under the circumstances of the case.
II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities and to submit the recommendation for declaration of Nagar Bazar co Nagar Panchayat consisting the Village Bharwalia and Masaha, Basti.
III. Issue any other writ order or direction of a suitable nature which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.
IV. Award the cost of the writ petition in favour of the Petitioner."
Vide order dated 11.12.2018 learned Standing Counsel was granted time to seek instructions in the matter, however, he is again seeking further time to seek the instructions. Since since it may further delay disposal of the grievance of the petitioner, therefore, present writ petition stands disposed of with a direction to the District Magistrate, Basti to decide the representation of the petitioner, in accordance with law, as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order before him.
It is further made clear that in case the District Magistrate is not competent to decide the representation of the petitioner, he shall forward the same to the competent authority for disposal within a further period of two months.
It is also made clear that this Court has not examined the claim of the petitioner on merits and same shall be considered by the authority concerned while deciding the case of the petitioner.
No costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 six 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 30.5.2019 SP/