Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5507 of 2019 Applicant :- Rama Shankar Tiwari Opposite Party :- Subhash Chandra Yadav, S.D.M. And Another Counsel for Applicant :- Sunil Kumar
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 12.04.2019 passed in PIL No.818 of 2019 (Rama Shankar Tiwari v. State of U.P. & Ors.), which was corrected by order dated 18.04.2019. For ready reference, the relevant extract of order dated 12.04.2019 is quoted as under:-
"The grievance of the petitioner is that the order passed under Section 122-B of U.P. Z.A. & L.R. Act dated 01.12.2018 passed by Collector, Allahabad has not been executed.
The writ petition is disposed of directing the authority aforesaid to execute the aforesaid order within a period of three months, if there is no other legal impediment."
It is averred in the affidavit filed alongwith the compliance application that a certified copy of the aforesaid order alongwith other documents 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, provided that there is no other impediment.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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 party shall comply with the directions of the writ court and intimate the applicant 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 A. Pandey