Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3643 of 2019 Applicant :- Man Singh And Another Opposite Party :- Sri Vishakha Ji, D.M. And 2 Others Counsel for Applicant :- Birendra 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 29.03.2019 passed in Writ-C No.10050 of 2019 (Man Singh & Anr. v. State of U.P. & Ors.). For ready reference the order dated 29.03.2019 is quoted as under:-
"This writ petition has been filed, inter alia, for the following relief;
1. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 5 to forthwith release 10% amount in respect of projects of Nagar Palika Parishad Karvi for the financial years 2011-12 and 2013-14 under Backward Region Grant Fund Scheme (in short herein after referred B.R.G.F. Schemes) and further the respondent no. 4 be directed to forthwith make full and complete payment of bills of the work done by petitioners as disclosed in para no. 10 of the writ petition.
Learned counsel for the petitioner has confined his prayer to the extent that the petitioner may be permitted to make a fresh representation before the concerned authority in respect of his grievances with a direction to the concerned authority to decide the same within a stipulated period.
Heard learned counsel for the parties and perused the record.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh representation before the Respondent No. 4, Executive Officer ventilating his grievances within a period of 30 days from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its Annexures and, if any such representation is made, the said authority shall make all endeavour to consider and decide the same in accordance with law expeditiously preferably within 30 days from the date of receipt of the said representation."
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 :- 30.5.2019 SP/