Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3647 of 2019 Applicant :- Smt. Leela Devi Opposite Party :- Mahesh Pratap Singh, District Basic Education Officer Counsel for Applicant :- Ruchita Jain 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 31.05.2018 passed in Writ Petition No.13016 of 2018 (Smt. Leela Devi v. State of U.P. & Ors.). For ready reference the operative portion of the order dated 31.05.2018 is quoted as under:-
"........For the reasons aforesaid, order dated 5.5.2018 cannot be sustained and is quashed. The respondents are directed to take a fresh decision in the matter, keeping in view the observations contained in the order dated 10.1.2018, passed in Writ Petition No.29123 of 2016. The required consideration shall be made within a period of three months from the date of presentation of certified copy of this order.
Writ petition is, accordingly, 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 two 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 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 :- 30.5.2019 SP/