Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2587 of 2019 Applicant :- Ram Anuj And Another Opposite Party :- Daya Shankar Pathak,S.D.M And Another Counsel for Applicant :- Shiv Lal
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 30.11.2017 passed in Writ Petition No.56922 of 2017 (Ram Anuj & Anr. v. State of U.P. & Ors.). For ready reference the order dated 30.11.2017 is quoted as under:-
"The sole grievance of the petitioners in the instant writ petition is that the application filed by them for mutation of their names in the revenue records on 11.6.2004 has yet not been decided by the second respondent and only general dates are being given without the case being taken up for consideration.
Having regard to the submissions made by learned counsel for the petitioners and the facts of the case, the writ petition is disposed of by directing the second respondent to ensure that the proceedings are concluded positively within a period of four months from the date of production of certified copy of this order, provided there is no legal impediment in deciding the proceedings finally."
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 two 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 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/