Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2583 of 2019 Applicant :- Dharm Raj Yadav Opposite Party :- Kaushlesh Kumar Mishra, Tehsildar Counsel for Applicant :- Surendra Kumar Mishra,Vivek Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 10.11.2017 passed in Writ Petition No.52918 of 2017 (Dharm Raj Yadav v. Tehsildar Tehsil Machhalishahar & Ors.). For ready reference the order dated 10.11.2017 is quoted as under:-
"Heard learned counsel for the petitioner and learned standing counsel for the respondents.
Learned counsel for the petitioner has submitted that he has purchased properties by way of registered sale deed having arazi nos. 936 area 0210 hectare and 938 area 0024 hectare from the respondents. He has further submitted that the petitioner has filed mutation Case No. 510/2017 (Dharm Raj Vs. Paras Nath) before Tehsildar on 10.3.2017 but the same has not been decided though several dates have been fixed in the mutation proceeding. In support thereof, he has annexed the copy of the order sheet along with the writ petition.
No useful purpose would be served in keeping this writ petition pending. With the consent of learned counsel for the parties, without calling counter affidavit, the petition is disposed of finally at the admission stage itself.
I have considered the submission of learned counsel for the petitioner and perused the record.
This writ petition is disposed of with a direction to the respondent no. 1-Tehsildar, Tehsil Machhalishahar, Jaunpur to examine the matter and decide the Mutation Case No. 510/2017 (Dharm Raj Vs. Paras Nath), under section 34 of L.R. Act within a period of two months from the date of receipt of the certified copy of this order.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit and it shall be decided strictly in accordance with law."
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 :- 30.4.2019 SP/