Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6429 of 2019 Applicant :- Madan Pandey Opposite Party :- Sri Ram Narayan Verma, Tehsildar Counsel for Applicant :- Girdhar Prasad Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 12.4.2019 passed in Public Interest Litigation (PIL) No.810 of 2019 filed by the applicant, the Court directed as under:
"The grievance of the petitioner is that number of persons have encroached upon the Gaon Sabha property.
This writ petition is disposed of leaving it open for the petitioner to make appropriate application before the Tehsildar concerned, who will consider the same on merits and if required, shall initiate proceedings under Section 67 of U.P. Revenue Code, 2006, within a period of three months and conclude the same within a period of three months thereafter."
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 three 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 three weeks 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 :- 30.9.2019 RKP