Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5356 of 2019 Applicant :- Parmi Devi Opposite Party :- Ravi Prakash Srivastava, Consolidation Officer Counsel for Applicant :- Ekansh Varma,Vishnu Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.1.2019 passed in Writ B No.109 of 2019 filed by the applicant, the Court directed as under:
"The writ petition has been filed seeking the following relief -
"i. Issue a writ, order or direction in the nature of mandamus directing the Consolidation Officer Diwan Bazar Gorakhpur to decide the objection u/s 9(2) of U.P. Consolidation Act No.207/195 Smt. Parmi Devi Vs. Anil Kumar and others, within stipulated time."
It has been stated that the objection under Section 9A(2) of the U.P. Consolidation of Holdings Act is pending consideration since the year 1991.
The writ petition is disposed of directing the Court concerned, the Consolidation Officer to decide the objection of the petitioner, expeditiously, preferably within a period of four months from the date a certified copy of this order is filed before him."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to hear the matter on day-to-day basis, if it is required and decide the objection 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 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 :- 22.8.2019 RKP