Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4513 of 2019 Applicant :- Mool Chand Opposite Party :- Vijay Vishwas Pant, Collector/ D.M.
Counsel for Applicant :- Maheshwari Prasad Pandey,Sharad Chandra 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 07.09.2018 passed in Writ Petition No.28598 of 2018 (Mood Chand v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This writ petition is filed with a prayer to quash the order dated 25.05.2018 passed by District Magistrate/Collector, Kanpur Nagar in pursuance of the direction of this Court passed in Writ-C No. 12404 of 2018 dated 04.04.2018.
The brief facts of the case are that the petitioner has preferred an application as per provision of Section 98-A of the U.P. Revenue Code, 2006 read with Rule 99 of the U.P. Revenue Code Rules, 2016 to have a permission for transfer of the land.
According to the petitioner since he is suffering from ailment i.e. being diagnosed as Cancer (Lipomatosis) he has required emergent financial help for the treatment of the said ailment. According to the petitioner he wants to sale of part of his agricultural land which requires the necessary permission by the concerned authority.
In this regard the petitioner has moved an application for permission before the Collector, Kanpur Nagar, which was pending therefore, the petitioner has approached this Court by means of a writ petition no. 12404 of 2018, which was disposed of vide order dated 04.04.2018 and this Court was pleased to direct the Collector, Kanpur Nagar to decide the petitioner's pending application in accordance with law within a period of 15 days from the date, the certified copy of the order dated 04.04.2018 is present before him.
According to the petitioner, the certified copy of the order of this Court was produced immediately before the Collector, Kanpur Nagar and the Collector, Kanpur Nagar has proceeded and passed the impugned order, by which the application filed by the petitioner for permission to sale of the part of the agricultural land is rejected.
Learned counsel for the petitioner has pointed out that while passing the impugned order dated 25.05.2018, the Collector, Kanpur Nagar has not considered the contents of the application as well as the evidence adduced before it with respect of the claim of the petitioner that he is suffering from ailment i.e. Cancer (Lipomatosis) and in support thereto the petitioner has filed the O.P.D. slip issued by the Doctor of JK. Cancer Institute, Kanpur indicating therein the ailment/diagnosis.
This Court vide order dated 27.08.2018 adjourned the case on the request of the learned Standing Counsel, who prayed and was allowed a week's time to seek the instructions. No instructions are placed by the learned Standing Counsel and since the matter is urgent, because of the reason that the petitioner is suffering from a serious disease and he immediately require the financial assistant.
In view of the aforesaid, though prayed but, no further adjournment is allowed and the matter is finalised with a direction to the Collector, Kanpur Nagar to pass an appropriate reasoned order considering the ailment of the petitioner and if in case he is satisfied, he should pass an order immediately within a week from today. The writ petition is disposed of.
A copy of this order be supplied to the counsel for the petitioner within 24 hours.
Learned Standing Counsel, Sri S.K. Mishra will inform the Collector, Kanpur Nagar about this order by Monday."
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 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 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/