Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5440 of 2019 Applicant :- Radhey Shyam Opposite Party :- Jitendra Pal, Up - Ziladhikari Counsel for Applicant :- Kalamuddin,M. A. Siddiqui
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 opposite parties for wilful disobedience of the order dated 21.01.2019 passed in Writ Petition No.1379 of 2019 (Radhey Shyam v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned standing counsel, who represents the respondent nos.1 and 2.
With the consent of the parties the writ petition is disposed of.
The sole submission of the counsel for the petitioner is that to issue a mandamus directing the respondent no.2 to decide the Case No. 2/3/3/3/5/2333 of 2003-04 (Ram Khelawan vs. Naimuddin and another) under section 41 Land Revenue Act, Village Kripalpur, Tehsil Soraon, District Allahabad expeditiously.
In view of the aforesaid, the writ petition is disposed of with the direction to the respondent no.2 to expedite the pending case and decide the same preferably within a period of six months from today after providing the adequate opportunity to the respective parties in accordance with law."
Learned counsel for the applicant submits 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 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 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 :- 26.8.2019 SP/