Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1276 of 2019 Applicant :- Rajeev Kumar And Another Opposite Party :- Sharda Singh, Consolidation Commissioner U.P.
Counsel for Applicant :- Daya Shankar Vishwakarama
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 29.05.2018 passed in Writ Petition No.4123 of 2018 (Rajeev & Anr. v. State of U.P. & Ors.). For ready reference the order dated 29.05.2018 is quoted as under:-
"The petitioners have preferred this writ petition for a direction upon the respondents to decide representation in respect of application under Section 6 of the U.P. Consolidation of Holdings Act, 1953. It is contended on behalf of the petitioners that earlier the consolidation proceedings were completed on 21.11.1964 and the fresh notification has been made on 17.10.1992 but the consolidation proceeding is still at initial stage and no further action has been taken by the consolidation authorities pursuant to the said notification.
The residents of the concerned Gram Sabha have made several representations to the respondent no. 2 but to date no action has been taken thereon. Some of the representations and affidavits addressed to respondent no. 2 are on the record.
Be that as it may, the petitioners have made representations to ventilate their grievance before respondent no. 2, in my view, the ends of justice requires that their grievance be considered by the respondent no. 2 after calling comments from the concerned officials, expeditiously preferably within four months from the date of communication of this order.
The writ petition is, accordingly, disposed of. No order as to costs."
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 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 :- 30.4.2019 SP/