Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2520 of 2019 Applicant :- Kishan Opposite Party :- Gaurav Srivastav Sub Divisional Magistrate Counsel for Applicant :- Anil Kumar Pandey Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 6.7.2018 passed in Writ C No.20877 of 2018 (Sant Dass vs. State of UP and 6 others), the Court directed as under:
"The contention of the learned counsel for the petitioner is that wrongly the order dated 17.3.2017 had been passed and therefore, the same may be quashed.
In this regard the learned Standing Counsel submits that the petitioner has an alternative remedy of filing an application under Section 82 of the U.P. Revenue Code, 2006 for the cancellation of the declaration made under Section 80.
If the petitioner files an application under Section 82 within three weeks from the date of passing of this order, the same shall be disposed of within two months thereafter. If the petitioner has any apprehension about the nature of property being changed he may also move an application for interim protection in the case which shall be registered under Section 82. If the petitioner moves an application for interim protection, orders on it shall be passed within one week from the filing of it.
The writ petition is disposed of."
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 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 26.4.2019 RKP