Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5410 of 2019 Applicant :- Kamal Kumar Rawat Opposite Party :- Mr. Chandra Bhushan Singh, Dsitrict Magistrate Counsel for Applicant :- Shekhar Gangal 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 29.05.2019 passed in Writ-C No.18782 of 2019 (Kamal Kumar Rawat v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 29.05.2019 is quoted as under:-
"Having heard the learned counsel for the parties, the writ petition is disposed of with a direction to the District Magistrate, Aligarh to consider the petitioner's application for issuance of fire arm licence and pass a reasoned and speaking order, strictly in accordance with law preferably within a period of one month from the date of production of certified copy of this order.
The writ petition is disposed of.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition."
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. Even in response, the Prescribed Authority (Licence), Aligarh has already sought recommendation from the Senior Superintendent of Police vide letter dated 10.06.2019 but till now the license has not been issued in favour of applicant 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 one month 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 :- 26.8.2019 A. Pandey