Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3652 of 2019 Applicant :- M/S Friends Group Of Building And Developers Opposite Party :- Roshan Jaccob , Director And 3 Others Counsel for Applicant :- Birendra Singh
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 16.01.2019 passed in Writ-C No.39842 of 2018 (M/s Friends Group of Builders and Developers v. State of U.P. & Ors.). For ready reference the order dated 16.01.2019 is quoted as under:-
"1. By means of this writ petition petitioner claims that he has been granted a mining lease at Block - 5, Village Nodeeha Amiliya, Tehsil Bara, District Allahabad on 12.12.2017.
2. Grievance of the petitioner is that his lease land is surrounded by other leaseholders and therefore, he may be permitted to have a passage for transportation of his minerals from his plot No. 8/5.
3. Learned Standing Counsel was required to seek instructions, and upon instructions he submits that the said plot No. 8/5 is blocked for morum and is likely to be auctioned soon and if right of passage is given to the petitioner, minerals will be affected, as such from that particular block right of passage cannot be given to the petitioner. He, however, submits that with the other lease holders of plots nos.8/1, 8/2, 8/3 and 8/4 etc. the petitioner can negotiate for transportation of minerals as provided under Rule 41(f) of the U.P. Minor Minerals (Concession) Rules, 1963.
4. Learned Counsel, Shri Archit Mandhyan appearing for petitioner, submits that he has tried to negotiate with the leaseholders of other plots adjacent to his plot but they have refused and therefore, he has no other remedy but to approach this Court.
5. Learned counsel for the petitioner also submits that he has already been given MM-11 Form and therefore, he is entitled to transport the minor mineral and accordingly makes a prayer that he may be granted liberty to make a representation with regard to his grievance before District Magistrate, Allahabad/respondent no.4.
6. The writ petition is accordingly disposed of with an observation that in case the petitioner makes a representation to the District Magistrate, Allahabad/respondent no.4 with regard to the right of passage for transportation of minerals, the District Magistrate shall consider the same and pass appropriate orders in accordance with law within a month from the date such an application is moved along with a 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 three 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/