Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5451 of 2019 Applicant :- Kanhaiya Prasad Singh Opposite Party :- Sri. Dushyant Kumar Maurya, S.D.M.
Counsel for Applicant :- Manoj Kumar Keshari,Beerendra Singh Pal
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 12.03.2019 passed in Writ Petition No.8860 of 2019 (Kanhaiya Prasad Singh & Anr. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners, Sri Ramesh Chandra Upadhyay, learned counsel represents the respondent no.3 and the learned Standing Counsel.
The sole submission of counsel for the petitioners is to direct the respondent no.2 to decide the Case No.02/2016 (Kanhaiya vs. Triloki and others) filed under Section 116 of U.P. Revenue Code, 2006.
With the consent of the learned counsel for the parties, the writ petition is disposed of by directing the respondent no.2, Sub-Divisional Magistrate, Tehsil Bairia, District Ballia to consider and decide the Case No.02/2016 (Kanhaiya vs. Triloki and others) filed under Section 116 of U.P. Revenue Code, 2006 expeditiously, preferably within a period of three months from the date of production of the certified copy of this order, strictly in accordance with law.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioners in the present writ petition."
It is reflected from the record 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 two 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 :- 27.8.2019 SP/