Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3666 of 2019 Applicant :- Ram Bashawan Agrahari Opposite Party :- Sri Arvind Malappa Bangari, D.M.
Counsel for Applicant :- Anoop Baranwal Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 07.12.2018 passed in P.I.L. No.4951 of 2018 (Sanjay Kumar Seth v. State of U.P. & Ors.). For ready reference the order dated 07.12.2018 is quoted as under:-
"This petition for writ is preferred to have an appropriate writ, order or direction to remove the encroachments from public road namely Jaunpur-Jafarabad-Belaon Road crossing from the Jafarabad town.
As per the petitioner, the road has been highly encroached and that is causing huge difficulty in smooth movement of traffic. According to learned counsel, the District Administration in the month of May, 2018 issued certain notices to the trespassers to remove the encroachments but of no consequence.
Learned Standing Counsel submits that the District Administration is aware of the encroachments made and necessary steps in that regard has already been taken. It is further submitted that at least 40% encroachments have been removed voluntarily.
Having considered all facts of the case, we deem it appropriate to direct the District Magistrate, Jaunpur to ensure removal of encroachments in accordance with law at earliest. The District Magistrate with the aid of other relevant authorities shall take appropriate steps to restore the complete width of road and further for smooth movement of traffic thereon. Such steps are required to be taken expeditiously, as far as possible within a period of four weeks from today. A complete report of compliance is also required to be filed in the form of a supplementary affidavit by the District Magistrate, Jaunpur.
Let this petition for writ be listed as fresh case on January 18th, 2019."
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 four 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 :- 30.5.2019 SP/