Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6389 of 2019 Applicant :- Maharaj Singh Opposite Party :- Govind Sagar Verma, Executive Engineer, Prantiya Khand Public Works Department Counsel for Applicant :- Ved Prakash Pandey
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 05.12.2018 passed in Writ-A No.25629 of 2018 (Maharaj Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 05.12.2018 is quoted as under:-
"The petitioner shall approach the second respondent by way of a detailed representation appending thereto the final judgments rendered by the criminal Court in the trials in which he was named as an accused as well as the order of the court below granting him bail within a period of two weeks from today. In case such an application is filed alongwith all requisite details, the second respondent shall duly attend to the same and dispose it of within a period of one month therefrom. All contentions on merit are left open."
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 stamped 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 :- 27.9.2019 A. Pandey