Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4519 of 2019 Applicant :- Manoj Kumar Tiwari Opposite Party :- Arvind Kumar Mallappa Bangari, D.M.
Counsel for Applicant :- Rudreshwari Prasad 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 11.01.2019 passed in Writ-C No.1037 of 2019 (Manoj Tiwari v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner as well as Sri B.P. Singh, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha and perused the record.
Present petition has been filed with a prayer to direct the respondents to take necessary action against the respondent no. 5-Gram Pradhan for not withdrawing the funds till the final enquiry.
Petitioner is a complainant and has made a complaint against the Gram Pradhan supported by an affidavit, which is still pending whereas U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan) Enquiry Rules, 1997 provides that the preliminary enquiry should be completed within 30 days from the date of complaint.
In such view of the matter, present petition stands disposed of with a direction to the respondent no. 2-District Magistrate, Jaunpur to look into the matter and direct for completing the preliminary enquiry within a period of 30 days from the date of receipt of a copy of this order, if not already concluded.
It is made clear that this Court has not examined the merits of the claim of the petitioner. No order as to costs."
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 :- 25.7.2019 SP/