Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5366 of 2019 Applicant :- Keshav Saran And 2 Others Opposite Party :- Rahul Kashyap Vishwakarma, S.D.M.
Counsel for Applicant :- Amit Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 1.5.2018 passed in Writ C No. 15618 of 2018 filed by the applicant, this Court directed as under:
"Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of finally with a direction to the third respondent to consider and decide the aforesaid representation of the petitioners in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the writ Court within six weeks 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 party 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 22.8.2019 A.K.Srivastava