Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5484 of 2019 Applicant :- Mohd. Asif Opposite Party :- Prem Kumar Rai, (P.K. Rai) Tehsildar Counsel for Applicant :- Nayab Ahmad Khan
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 25.7.2019 passed in Writ C No.22961 of 2019 filed by the applicant, the Court directed as under:
"In view of the aforesaid facts and circumstances, we dispose off the writ petition with liberty to the petitioner to file objections against the aforesaid provisional assessment within a period of two weeks before the Executive Engineer. In the event, any objections are so filed, the Executive Engineer shall consider it and pass appropriate order finalizing the assessment most expeditiously within a period of two weeks thereafter. Only on finalizing the assessment, the respondents shall proceed to recover the dues according to the said assessment or to press the impugned recovery."
A certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 to comply with the aforesaid order of the Court within two 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 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 27.8.2019 RKP