Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5314 of 2019 Applicant :- Lal Bahadur Opposite Party :- Anurag Patel, District Magistrate Counsel for Applicant :- Mithilesh Kumar Srivastava
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 respondents for disobedience of the order dated 28.02.2019 passed in Writ-C No.7099 of 2019 (Lal Bahadur v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 28.02.2019 is quoted as under:-
"The petitioner may make fresh representation before the District Magistrate, Mirzapur within fifteen days from today bringing to his notice the facts as stated above along with the relevant documents and the District Magistrate, Mirzapur shall decide the said representation within the next one month. In case, the grievance of the petitioner as stated in the present writ petition and as incorporated in the present order are found to be true, the District Magistrate, Mirzapur shall ensure that the petitioner is given possession of the plot allotted to him within fifteen days from the date of the decision by the concerned District Magistrate."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 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 parties 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 22.8.2019 A. Pandey