Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5563 of 2019 Applicant :- Om Prakash Opposite Party :- Jitendra Kumar Kushwaha, Additional District Magistrate Counsel for Applicant :- Raj Karan Yadav,Anil Kumar Yadav,Yadvendra Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 14.12.2017 passed in Writ Petition No.63655 of 2014 (Om Prakash v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 14.12.2017 is quoted as under:-
"40. Consequently, all proceedings under the Act, 1976 relating to the petitioners have abated and respondents are not entitled to interfere in the peaceful possession of the petitioners over the disputed land.
41. In the circumstances and for the reasons given above proceedings of Case Nos. K- 1762/4880/1976 (State Vs. Hafeej Ulla) challenged in Writ Petition No. 50519 of 2014, K-4199/1976 (State Vs. Ram Khelawan) challenged in Writ Petition No. 50524 of 2014, C-131/C-527/1976 (State Vs. Bachchan) challenged in Writ Petition No. 63657 of 2014 and C-494/1976 (State Vs. Ram Bahadur) challenged in Writ Petition No. 63655 of 2014 are declared to have abated and respondent Nos. 1 to 3 are directed not to interfere in the peaceful possession of the petitioners over the disputed land i.e. the land declared as surplus under the Act, 1976. Further, respondent No. 2 is also directed to correct the relevant revenue records by recording the name of petitioners against the disputed plots."
It is averred in the affidavit so filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents 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 three 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 :- 29.8.2019 A. Pandey