Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3702 of 2019 Applicant :- Rajan Tiwari Opposite Party :- Mrityunjya Singh, Tehsildar And Another Counsel for Applicant :- Ujjawal Satsangi Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 21.1.2019 passed in Writ C No.1583 of 2019 filed by the applicant, the Court directed as under:
"This writ petition has been filed for implementation of the order dated 24.9.2018, whereby certain direction was issued to the respondent no.2- Tehsildar Sadar, Mirzapur for correction in the revenue records of Arazi No. 869, Area 0.1520 Hectare, Mauja Baraudha Andar, Tappa-84, Pargana-Kantit, Tehsil-Sadar, District Mirzapur.
The contention of learned counsel for the petitioner is that in spite of specific order passed by the respondent no.4-Additional District Magistrate (Land Revenue), Mirzapur dated 24.9.2018, no correction has been made as yet.
I have considered the arguments as raised by learned counsel for the petitioner.
Under these circumstances, petitioner is directed to approach respondent no.2-Tehsildar (Sadar), Mirzapur within two weeks by way of moving application for the implementation of the order dated 24.9.2018. In case, such application is filed, the same shall be considered and decided by speaking order within another two months from the date of production of certified copy of this order.
With the above directions, writ petition stands disposed of."
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 six 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 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 parties 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 parties within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP