Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3735 of 2019 Applicant :- Dalveer Singh Opposite Party :- Amit Ashery, Sub Divisional Officer Counsel for Applicant :- Shashi Kumar Mishra
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 18.02.2019 passed in Writ Petition No.5585 of 2019 (Dalveer Singh v. State of U.P. & Ors.). For ready reference the order dated 18.02.2019 is quoted as under:-
"Hearned counsel for the petitioner and Smt. Anju Srivastava, learned State Law Officer for the State respondents.
Petitioner is assailing the order impugned dated 26.12.2018 passed by the second respondent whereby the fair price shop of the petitioner has been placed under suspension.
The precise case has been set up that the entire action so taken by the authorities is in teeth of the Government Order dated 29.7.2004 and the Full Bench of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947. In support of his submission, learned counsel for the petitioner has further apprised to the Court that the action of the respondents is also contrary to law settled by this Court in Jagdish Narayan Mishra Vs. State of U.P. and others (Civil Misc. Writ Petition No. 2851 of 2008), Smt. Raj Kumar Singh Vs. State of U.P. and others (Civil Misc. Writ Petition No. 1766 of 2011), Brij Sewak Gupta Vs. State of U.P. and 3 others (Civil Misc. Writ Petition No. 10672 of 2017). It is also apprised to the Court that against the order impugned the petitioner has also filed detailed reply/objection on 11.1.2019 and 31.1.2019 and the same may be directed to be considered before finalising the matter.
Learned Standing Counsel raised preliminary objection regarding maintainability of the writ petition on two folds, firstly against the impugned order the petitioner has already filed objections on 11.1.2019 and 31.1.2019 and no final order has been passed and as such the writ petition is premature. Secondly, against the order impugned the petitioner has got efficacious alternative remedy of filing an appeal and as such the writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with direction to the authority concerned to finalise the proceeding in question after considering the reply so submitted by the petitioner, in accordance with law and in the light of the Government Orders dated 29.7.2004, 16.10.2014 and Full Bench decision of this Court in Puran Singh (supra) expeditiously and preferably within three weeks from the date of production of certified copy of this order."
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 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 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 :- 31.5.2019 SP/