Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4510 of 2019 Applicant :- Kanhaiya Lal Yadav Opposite Party :- Devendra Singh, Tehsildar Counsel for Applicant :- Sandeep Kumar Yadav
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 opposite parties for wilful disobedience of the order dated 15.03.2019 passed in Writ-C No.9739 of 2019 (Kanhaiya Lal Yadav v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed with a prayer that the respondent no. 3 be directed to decide Case No. 147T/2016166762043555 of 2016 (State vs. Awadhesh Kumar) and Case No. 148T2016166762043555 (State vs. Shiv Prakash) within stipulated period.
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 3 to expedite the hearing of the aforesaid case and decide the same, in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this order before him provided there is no other legal impediment.
With the aforesaid observations/ directions, the present petition is finally disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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.
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 three months 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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 :- 25.7.2019 SP/