Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3727 of 2019 Applicant :- Lal Chand Opposite Party :- Tribhuvan, S.D.M.
Counsel for Applicant :- Sharad Chandra Singh,Satish Chandra Singh
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 14.08.2018 passed in Writ Petition No.27575 of 2018 (Lal Chanda v. State of U.P. & Ors.). For ready reference the order dated 14.08.2018 is quoted as under:-
"The petitioner's prayer is that the application filed on 14.03.2018 for the measurement of plot no. 940 be decided within a stipulated period of time.
It is therefore, directed that the application which the petitioner has filed would be treated as application under Section 24 of the U.P. Revenue Code, 2006. A number shall be allotted to it and it shall be decided once the requirements of Rule 22 of the U.P. Revenue Code, Rules 2016 have been complied with, within a period of one month from the date of presentation of a certified copy of this order, if there is no other legal impediment.
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 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 one month 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 :- 31.5.2019 SP/