Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5512 of 2019 Applicant :- Meena Mehrotra And 4 Others Opposite Party :- Sri. Ambrish Kumar, Basic Shiksha Adhikari Counsel for Applicant :- Ramesh Kumar Shukla
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 07.12.2018 passed in Writ- A No.25916 of 2018 (Meena Mehrotra and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.12.2018 is quoted as under:-
"In view of the above, the controversy is no more res integra and, therefore, I am of the considered opinion that grievance of the petitioner can be positively looked into in the light of the judgement of the Full Bench of this Court in the case of (Uma Shanker Singh (supra).
Though the petitioners have already made a representation on 12.7.2017 before the authority concerned, petitioners are directed to make a further comprehensive representation raising their claim getting their institution in the territory of Nagar Palika in the light of the Government Order dated 15 December 1981 and consequential Government Orders including the last one dated 29.10.1984 within a period of three weeks from today. In the event, representation is filed as directed, the same shall considered and decided by the respondents within a period of three months from the date of production of certified copy of this order."
It is averred in the affidavit filed alongwith the compliance application 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 two 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 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 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 :- 27.8.2019 A. Pandey