Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3655 of 2019 Applicant :- Ramesh Kumar Giri Opposite Party :- Sri Anurag Patel, D.M.
Counsel for Applicant :- Arvind Kumar Mishra,Lavkush Kumar Shukla
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 31.05.2018 passed in Writ-C No.20614 of 2018 (Ramesh Kumar Giri v. State of U.P. & Anr.). For ready reference the order dated 31.05.2018 is quoted as under:-
"Heard learned counsel for the petitioner; learned Standing Counsel for the respondents and perused the record.
The present petition has been filed for a direction upon the District Magistrate, Mirzapur to send the proposal of extension of area limit of license of Revolver Bearing No. 436 of 2011 for all over India within a stipulated period.
The case of the petitioner is that he is having license of Revolver Bearing No. 436 of 2011 which is valid for the State of U.P. He further states that he has submitted an application before the District Magistrate on 17.03.2015 for extension of time limit of his license and has further pointed out that State Government vide its letter dated 28.06.2016 has directed the District Magistrate, Mirzapur to take necessary action in accordance with law on the application of petitioner which is pending for final disposal but the District Magistrate has not taken any decision.
Considering the facts and circumstances of the case, the petition is disposed of with a direction to District Magistrate, Mirzapur to extend the area limit of the Revolver of the petitioner strictly in accordance with law within a period of three months from the date of production of certified copy of this order.
It is made clear that the Court has not adjudicated the case on merits."
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 :- 30.5.2019 SP/