Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4567 of 2019 Applicant :- Smt. Gulab Kali Opposite Party :- Archana Agnihotri, Tehsildar Counsel for Applicant :- Rajesh Kumar Patel Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 2.4.2018 passed in Writ C No.11830 of 2018 filed by the applicant, the Court directed as under:
"In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.2 to decide the aforesaid case after affording opportunity of hearing to private respondent nos. 3 and 4, as expeditiously as possible and preferably within a period of six months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 25.7.2019 RKP