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Pradyumna Narayan And 2 Others vs Bhanu Pratap Yadav, Chief Revenue ...

High Court Of Judicature at Allahabad|27 August, 2019

JUDGMENT / ORDER

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 19.04.2019 passed in Writ Petition No.13749 of 2019 (Pradyumna Narayan & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Learned counsel for the petitioners is permitted to implead Sebedar Yadav (Village Pradhan) and the Chief Revenue Officer, Allahabad as respondent Nos. 6 and 7 in the array of the parties in the writ petition.
Submission is that during the pendency of application of the petitioner for correction of the map, the Pradhan of the village, respondent No.6, is constructing chak road on his plot because there is mistake in the area of the plot.
Learned counsel for the petitioner has submitted that unless the map is corrected and the exact area of the plot of the petitioner is determined and correct map of the plot is prepared, the Pradhan should not make chak road on his plot.
The writ petition is disposed of directing the respondent No.7, Chief Revenue Officer, Allahabad to decide the application of the petitoner for correction of the map, within three months from the date of production of certified copy of this order.
Till the aforesaid proceedings are decided, the Pradhan of the Village shall not construct any chak road on the plot of the petitioner."
It is reflected from the record that a certified copy of the aforesaid order 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 two 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 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 :- 27.8.2019 SP/
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Title

Pradyumna Narayan And 2 Others vs Bhanu Pratap Yadav, Chief Revenue ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 August, 2019
Judges
  • Mahesh Chandra Tripathi