Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6263 of 2019 Applicant :- Ram Abhilash Opposite Party :- Tribhuvan Narayan, Executive Officer, Nagr Panchayat Koraon Counsel for Applicant :- Vidya Kant Tripathi 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 disobedience of the order dated 11.4.2019 passed in Writ-C No. 11684 of 2019 (Ram Abhilash Vs. State of U.P. and 2 others). For ready reference the order dated 11.4.2019 is quoted as under:-
"Heard learned counsel for the petitioner and leaned Standing Counsel for respondents.
The petitioner has preferred this writ petition seeking a directing upon the respondent no. 3 to issue a copy of the entire family register pertaining to his family.
The family register is maintained under the provisions of U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970 and under Rule 7, the custody and preservation of the register is to be done by the Secretary of the Gaon Sabha. Sub rule 2 of Rule 7 of the said Rules further provides that any person interested in getting copy of the family register may obtain a copy in such manner and on such payment as may be specified under Rule 73 of the U.P. Panchayat Raj Rules.
In the facts and circumstances of the case, we dispose of this writ petition with the direction that if petitioner is interested in getting a copy of the family register, he may apply to the Secretary, Gaon Sabha in accordance with law and obtain a copy thereof.
The writ petition is disposed of accordingly."
By means of the present contempt application, the applicant is alleging that the order dated 11.4.2019 by the Writ Court has been wilfully flouted.
Bare perusal of the order of the Writ Court, it is apparent that the applicant has approached before the Division Bench for a mandamus directing the Executive Officer, Nagar Panchayat Koraon, Tehsil Koraon, District Allahabad to issue copy of the family register. Thereafter, the Division Bench of this Court disposed of the writ petition with the direction that if the applicant is interested in getting a copy of the family register, he may apply to the Secretary, Gaon Sabha in accordance with law and obtain a copy thereof. While filing this contempt application, Sri Tribhuvan Narayan, Executive Officer, Nagar Panchayat Koraon, Tehsil Koran, District Allahabad is arrayed as sole opposite party/contemnor. At no point of time, requisite application alongwith certified copy of the order passed by the Division Bench has been served on Secretary of the Gaon Sabha. The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
The Application is accordingly disposed of. However, the applicant would be at liberty to approach the competent authority for redressal of his grievance. If such application is moved by the applicant before the competent authority raising his grievance, then definitely, the same would be redressed in the light of order passed by the Writ Court.
Order Date :- 26.9.2019 Jaswant