Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5054 of 2018 Applicant :- Kamlesh Kumar Mishra Opposite Party :- Raja R. Ganpati Counsel for Applicant :- Vinay Kumar Pathak
Hon'ble Manoj Kumar Gupta,J.
In terms of order dated 6.2.2018 in Writ-C No.5156 of 2018, the Sub Divisional Magistrate was required to decide the application filed by the applicant complaining encroachment over gaon sabha land by the private respondents to the writ proceedings within three months from the date of receipt of certified copy of the order.
Counsel for the applicant submitted that a certified copy of the order of the Writ Court was sent to the opposite party by registered post on 16.3.2018, but no decision has been taken in the matter so far.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to them to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order alongwith fresh representation before the opposite parties and in which event, they shall ensure that decision in due compliance of the direction issued by the Writ Court is taken within next eight weeks. In case the decision is yet not taken, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings.
(Manoj Kumar Gupta, J) Order Date :- 24.9.2018 SL