Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2003 of 2019 Applicant :- Mohd. Usman Opposite Party :- Sahab Singh, Additional Commissioner Counsel for Applicant :- Kamlesh Kumar Jaiswal
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 19.12.2018 passed in Writ Petition No.42316 of 2018 (Mohd. Usman v. State of U.P. & Ors.). For ready reference the order dated 19.12.2018 is quoted as under:-
"This writ petition, inter alia, has been filed for the following reliefs;
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to issue appropriate orders for the restoration of the electricity supply, during the pendency of Appeal under Section 127 of Electricity Act, 2003 before the Commissioner/Electricity Appellate Authority, Agra.
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to accept the D.D. of Rs. 5,20,555/- during the pendency of the Appeal for the restoration of Electricity Supply."
Heard learned counsel for the parties and perused the record.
According to the petitioner, he has already filed an appeal before the Commissioner/Electricity Appellate Authority, Agra under Section 127 of the Electricity Act, 2003 (in short "Act") but the same has not yet been decided nor his electric supply has been restored.
It appears that the half of the assessed amount against the final assessment order as provided under the Act has not yet been deposited by the petitioner.
Needless to mention that in case half of the assessment amount is deposited, the appeal shall be disposed of in accordance with law.
With this observation, this writ petition stands disposed of."
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 :- 30.4.2019 SP/