Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5573 of 2019 Applicant :- Ramesh Chandra Kesharwani And 6 Others Opposite Party :- Jitendra Kumar Kushwaha, Additional District Magistrate Counsel for Applicant :- Raj Karan Yadav,Anil Kumar Yadav,Yadvendra Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 22.9.2017 passed in Writ C No.10551 of 2014 filed by the applicant, the Court directed as under:
"In the counter affidavit filed by the State also it has come on record while proceedings under Section 10(5) of the Act had been initiated against the petitioner, there is nothing on record to show that any proceeding under Section 10(6) of the Act aforesaid, was ever completed against the petitioner.The record also reflects, the land remained with the original owner and was not subjected to any transfer.
In view of the above, we come to the conclusion that the writ petition is liable to be allowed. The benefit of the Repealing Act has to be given to the petitioner.
Accordingly, the writ petition is allowed as above. No costs."
A certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicants 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 applicants with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party 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 applicants to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 29.8.2019 RKP