Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2617 of 2019 Applicant :- Smt. Nisha Khatoon Opposite Party :- Saty Prakash Singh Counsel for Applicant :- Sachchida Nand Tiwari,Rajendra Singh Chauhan
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 20.9.2017 passed Writ C No.44694 of 2017 filed by the applicant, the Court directed as under:
"The writ petition has been filed for a mandamus commanding Tehsildar, Tamkuhiraj, Distt. Kushinagar, (respondent - 2) to decide Mutation Suit No. 3072/2853 (Nesha Khatun Vs. Smt. Gyanti), under Section 34 of UP Land Revenue Act, 1901, expeditiously.
Without entering into the controversy involved in the writ petition, the writ petition is disposed of with direction to Tehsildar, Tamkuhiraj, Distt. Kushinagar, (respondent - 2) to decide Mutation Suit No. 3072/2853 (Nesha Khatun Vs. Smt. Gyanti), under Section 34 of UP Land Revenue Act, 1901, expeditiously, without granting any unnecessary adjournment to either of the parties, preferably within a period of four months from the date of producing a certified copy of this order before the concerned authority."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 16.11.2017. Once the opposite party did not comply with the order of the writ Court, then the applicant had filed Contempt Application (Civil) No.4937 of 2018 and the same was disposed of on 4.10.2018 with following observations:-
"Learned counsel for the applicant submits that the mutation suit is pending before the opposite party since 2017, whereas, the writ court had directed the opposite party to conclude the mutation suit within four months.
Learned counsel for the applicant on specific query failed to show from the order sheet that there is wilful and deliberate disobedience of the direction of the writ court.
In the circumstances, the contempt application is consigned to record with liberty to the applicant to make an expedite application before the opposite party. In the event, such an application is filed, it is expected that the opposite party shall pass an appropriate order in accordance with law."
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 six 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 :- 30.4.2019 RKP