Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2537 of 2019 Applicant :- Hindi Weekly Awadh Ki Aawaz Newspaper Opposite Party :- Satyendra Prakash Director General Counsel for Applicant :- Vijay Kumar Sharma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 28.8.2018 passed in Writ C No. 29327 of 2018 filed by the applicant, this Court directed as under:
"Heard Shri Vijay Kumar Sharma, learned counsel for the petitioners and Shri Thakur Azad Singh, learned counsel appearing for respondents no.1, 2 and 3.
Learned counsel for the petitioners submits that he does not wish to press prayer 'A', which is for quashing of recovery notice dated 3.4.2017 and the show cause notice dated 2.1.2017.
So far as other prayers are concerned, it is submitted that in similar circumstances, various writ petitions have been decided directing the authorities to decide objection of the petitioner. One such writ petition being Writ Petition No.23038 of 2018, which has been decided vide order dated 11.07.2018.
It is not disputed that the present controversy is also similar to that of, as was involved in the above writ petition.
Accordingly, this writ petition is also disposed of with the direction to the concerned respondent to consider the objection filed by the petitioners and decide the same, preferably, within a period of two months from the date of production of a certified copy of this order before him. "
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 writ 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 party 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 26.4.2019 A.K.Srivastava