Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4538 of 2019 Applicant :- Rajab Ali Opposite Party :- Sri. R.K. Singh, Consolidation Officer , Chail , And 3 Others Counsel for Applicant :- Suresh Chandra Dwivedi
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 28.06.2019 passed in Writ Petition No.20919 of 2019 (Rajab Ali v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Suresh Chandra Dwivedi, learned counsel for the petitioner and learned standing counsel for the State of U.P.
This writ petition has been filed for issuing mandamus directing the respondents not to raise any illegal construction over the plot in dispute.
It is stated that the village is under consolidation operation and the matter is pending before the Consolidation Officer but without prior permission of the Consolidation Officer the construction is being raised by the respondent no.8 in collusion with the Police.
The writ petition is disposed of giving liberty to the petitioner to file an application before the Consolidation Officer to stop construction over the disputed land within a period of ten days. In case such an application is filed within the said period the Consolidation Officer shall pass an appropriate order on it within two weeks thereafter. For a period of three weeks status quo on date shall be maintained on the spot."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties on 3.7.2019 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 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 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 :- 25.7.2019 SP/