Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6393 of 2019 Applicant :- Parmanand And 2 Others Opposite Party :- Surendra Kumar Singh, District Magistrate Counsel for Applicant :- Rakesh Kumar 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 respondents for disobedience of the order dated 20.07.2018 passed in Writ-C No.21503 of 2018 (Parmanand And 2 Others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 20.07.2018 is quoted as under:-
"In view of the above, we dispose of the writ petition with the direction to the District Magistrate to consider the aforesaid representation in accordance with law and to determine the question of encroachment of the petitioners land in a summary manner subject to the decision of the civil suit, if any, between the parties.
The representation may be decided within a period of six weeks from the date of production of the authentic copy of this order."
Learned counsel for the applicant submits 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 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 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 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 :- 27.9.2019 A. Pandey