Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5446 of 2019 Applicant :- Munni Lal Patel Opposite Party :- Bhanu Chandra Goswami, D.M.
Counsel for Applicant :- Ziya Uddin 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 16.03.2018 passed in Writ-C No.9772 of 2018 (Munni Lal Patel v. State of U.p. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the parties.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no. 4, District Magistrate Allahabad to decide the representation dated 7.2.2018 (Annexure-4) moved by the petitioner before him.
From the perusal of the averments made in this writ petition and the other documents appended thereto, it transpires that for the redressal of his grievance, the petitioner has already filed a representation on 7.2.2018 (Annexure-4) before the respondent no. 4 but the same has not been decided till date.
Learned counsel for the petitioner has submitted that the aforesaid representation has not been decided till date and hence a direction be issued to the respondent no. 4 to decide the petitioner's representation within a specified period.
Having heard the learned counsel for the parties present and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, we dispose of this writ petition with the direction to the respondent no. 4 to consider and decide the petitioner's presentation after affording him an opportunity of hearing by a speaking and reasoned order strictly in accordance with law within a period of four weeks from the date of production of 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 through registered letter dated 29.09.2018 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 three 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 :- 26.8.2019 SP/