Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2573 of 2019 Applicant :- Rajendra Prasad Yadav Opposite Party :- Arvind Manappa Bangari, District Magistrate Counsel for Applicant :- Vinod Kumar Yadav,Muktesh Kumar Singh
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 11.10.2018 passed in Writ-C No.34656 of 2018 (Rajendra Prasad Yadav v. State of U.P. & Ors.). For ready reference the order dated 11.10.2018 is quoted as under:-
"Heard Mr. V.K. Yadav, learned counsel for the petitioner and Ms. Mamuna Fatima, learned Advocate, holding for Mr. Mahboob Ahmad, learned counsel for respondent no.3.
The grievance of the petitioner would fall within the jurisdiction of the Collector and District Magistrate, having regard to the provisions of Rule 3 of the Works of Licensees Rules, 2006 which have been framed under the Electricity Act, 2003.
Consequently, we permit the petitioner to move the Collector and District Magistrate, Jaunpur with a copy of his claim together with a certified copy of this order and place reliance upon such other material as the petitioner may seeks to rely upon. The Collector and District Magistrate shall take a final decision on the application preferably within a period of three months of the receipt of a copy of the application.
The petition is, accordingly, disposed of. There shall be 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 :- 29.4.2019 SP/