Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2562 of 2019 Applicant :- Jan Kalyan Sahkari Matsya Palan Samiti Ltd. Opposite Party :- Prashant Tiwari Sub Divisional Magistrate Counsel for Applicant :- Ramesh Chandra Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.12.2018 passed in Writ C No. 41486 of 2018 filed by the applicant, this Court directed as under:
"The petitioner is aggrieved by the fact that when the Pond situate in village Kanauja, Block-Rajapur, Tehsil and District Ghaziabad was to be auctioned vide advertisements dated 13.12.2017, 21.04.2018 and 20.05.2018 and 11.10.2018 then in the last advertisement which was issued on 16.11.2018, the Pond which was to be advertised could not have been removed from the list given in the advertisement.
In this regard the petitioner has filed a representation before the Sub- Divisional Magistrate Sadar, District Ghaziabad and the grievance of the petitioner is that this application was not being decided.
The application dated 03.12.2018 filed by the petitioner before the Sub- Divisional Magistrate, District Ghaziabad shall be decided within a period of one month from the presentation of a certified copy of this order, if there is no legal impediment.
Accordingly, the writ petition is disposed of. "
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 four 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 :- 29.4.2019 A.K.Srivastava