Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4686 of 2019 Applicant :- M/S Ganpati Mega Builders ( India) Pvt. Ltd. Opposite Party :- Mr. Jitendra Pratap Singh, Director , Rajya Krishi Utpadan Mandi Parishad U.P. And Another Counsel for Applicant :- Aklank Kumar Jain 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 respondents for disobedience of the order dated 31.01.2019 passed in Writ-C No.3365 of 2019 (M/S Ganpati Mega Builders ( India) Pvt. Ltd. v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 31.01.2019 is quoted as under:-
"Having due regard to the facts of the case, we are of the view that the ends of justice would be met by issuing a direction upon respondent no. 5 to consider the cause of the petitioner and pass appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order.
Needless to say that this Court has not expressed its opinion on the merits of the case, the authority concerned shall pass the order independently and in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 30.7.2019 A. Pandey