Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3582 of 2019 Applicant :- Mishri Lal And 23 Others Opposite Party :- Sri Bachcha Lal, Additional District Magistrate Counsel for Applicant :- Uday Narain 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 21.01.2019 passed in Writ Petition No.1584 of 2019 (Mishri Lal & Ors. v. Union of India & Ors.). For ready reference the operative portion of the order dated 21.01.2019 is quoted as under:-
" We accordingly, dispose of this writ petition with a direction to the respondent no.3, Additional District Magistrate, Chanduali, or whoever be the Competent Authority under the Railways Act, 1989 to make the award under the NRRP strictly in accordance to law within a period of three months from the date of production of a certified copy of this order."
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 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 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 :- 29.5.2019 SP/