Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6374 of 2019 Applicant :- Kamlesh Devi Opposite Party :- Sri Brijesh Kumar, Additional District Magistrate Counsel for Applicant :- Ramanuj Tripathi,Krishna Dev Mishra
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 16.01.2019 passed in Writ-C No.65540 of 2015 (Kamlesh Devi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 16.01.2019 is quoted as under:-
"Undisputed fact emerges from the record is that the plot in question is still lying vacant even as on date. In regard to the contiguous plot of Hemlata, which is adjacent to the plot in question, the Revenue Authorities had submitted a report that the said plot was a commercial plot as the same was situated in market area but the Additional District Magistrate, (Finance and Revenue) found that though the plot was situated near the market area but the plot was purchased as residential and no commercial activity was being done thereon and, accordingly, rejected the proceedings in that case. Thus, I find no good ground to differ from the view taken in respect of the contiguous plot of Hemlata, moreso, when the plot is still lying vacant. The authorities concerned have not considered this aspect of the matter, therefore, the impugned orders dated 19.10.2015 and 4.6.2014 are not sustainable in the eyes of law and are liable to be quashed.
In view of the aforesaid, the impugned orders dated 19.10.2015 and 4.6.2014 are hereby quashed.
The petition stands allowed. The matter is remanded back to the respondent no.3, Additional District Magistrate, (Finance & Revenue) Mathura who shall pass fresh orders in accordance with law.
It is provided that the amount already deposited by the petitioner towards disputed amount shall be subjected to final orders that may be passed by the authority concerned.
With the aforesaid direction, present petition stands allowed."
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.
The Court has the occasion to peruse the record in question and finds that admittedly in response to the writ court order, the proceeding under Section 47-A under Indian Stamp Act, 1899 is on and at this stage, the Court is not inclined to interfere in the said proceeding. However, this Court always hopes and trust that the writ court order must be complied with expeditiously preferably within a period of two months from the date of production of certified copy of this order.
With these observations, the Contempt Application is disposed of.
Order Date :- 27.9.2019 A. Pandey