Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3772 of 2019 Applicant :- Mahesh Chandra Jain Opposite Party :- Shri Sanjay Mitra, Defense Secretary, And 4 Others Counsel for Applicant :- Kiran Kumar Arora 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 23.04.2019 passed in Writ-C No.14154 of 2019 (Mahesh Chandra Jain v. Union of India & Ors.). For ready reference, the relevant extract of order dated 23.04.2019 is quoted as under:-
"In view of the totality of the facts and circumstances of the case, we dispose of the writ petition with liberty to the respondents to take appropriate action in accordance with law regarding the aforesaid allotment/tenancy of the shop and to act accordingly and not to press the impugned order dated 27.12.2018 against the petitioner directing for closing the shop till fresh action as aforesaid is taken in accordance with law."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite party no.2 and 4 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 party no.2 and 4 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 party no.2 and 4 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 party no.2 and 4 within one week thereafter and keep a recorded thereof.
The opposite party no.2 and 4 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 party no.2 and 4 within the stipulated time as aforementioned.
Order Date :- 31.5.2019 A. Pandey