Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5461 of 2019 Applicant :- M/S Deepak Kumar Lahri Opposite Party :- Anoop Kumar Srivastav, Engineer- In- Chief(Design And Planning) And Another Counsel for Applicant :- Amit Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 01.04.2019 passed in Writ Petition No.10351 of 2019 (M/s Dipak Kumar Lahri v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and standing counsel for the State.
The present petition has been filed alleging that the petitioner is a registered contractor in the Irrigation Department and has done several contract works for the Irrigation Department. It is stated that in the year 2017, the petitioner completed certain flood protection works at District Ghazipur on the bank of river Ganga and successfully completed the said works. The petitioner claims that Bills for the works executed by the petitioner for an amount of Rs.10,39,992/- was submitted and was payable however, the same has not been paid on the ground that the funds are not available.
The petitioner has relied upon the order passed by this Court in Writ-C No.3099 of 2019 wherein this Hon'ble Court has issued the following directions:-
"In view of the factual background aforesaid, there is no just reason for detaining the amount for which the petitioner is otherwise entitled to have.
This petition for writ, hence, is disposed of by directing the Chief Engineer (Respondent no 2) to act upon the request made under the communication dated 11.4.2018 immediately as far as possible within a period of 15 days from today to enable the Executive Engineer Devkali Pump Canal Division Ist Ghazipur to satisfy the payments of the petitioner.
The petition, with the above directions, stands disposed of."
The petitioner is also entitled to the benefit of the same order as such the writ petition is disposed off in terms of the directions as extracted above."
It is reflected from the record 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 :- 27.8.2019 SP/