Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5476 of 2019 Applicant :- Ram Ajor Opposite Party :- Dhiraj Kumar Srivastava, S.D.M.
Counsel for Applicant :- Sunil Kumar,Dileep Chandra Mishra
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 6.7.2018 passed in Writ C No.22849 of 2018 filed by the applicant, the Court directed as under:
"The present writ petition has been filed praying for a writ of mandamus directing the respondent no.3 i.e Sub Divisional Magistrate, Tehsil Martinganj District Azamgarh for removal of alleged illegal possession and encroachment by respondent no.4 over the Gaon Sabha property. In this context, the petitioner has also made a representation dated 27.12.2017 to the District Magistrate, District Bhadohi.
The petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding removal of alleged illegal possession and encroachment over the Gaon Sabha property, who on receiving the aforesaid representation, shall decide the same after following the procedure prescribed under Section 67 of the Uttar Pradesh Land Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016. The aforesaid decision shall be taken by the Assistant Collector within a period of six months from the date when the aforesaid representation is filed by the petitioner.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid direction, the writ petition is disposed of."
The aforesaid order was corrected on 27.7.2018 and the 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 three months 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 party 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 :- 27.8.2019 RKP