Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3588 of 2019 Applicant :- Ramesh And 7 Others Opposite Party :- Alok Pratap Singh, Tehsildar Counsel for Applicant :- Manoj Kumar Rajvanshi,Vinay Kumar Mishra
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 30.05.2018 passed in Writ Petition No.20332 of 2018 (Ramesh & Ors. v. State of U.P. & Ors.). For ready reference the order dated 30.05.2018 is quoted as under:-
"Heard Shri M.K. Rajvanshi, learned counsel for the petitioners; Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondent nos.1 to 4 and Shri Kaushalendra Nath Singh, learned counsel for the NOIDA.
The petitioners are before this Court with request to issue direction to the fourth respondent, Tehsildar, Tehsil Dadri, District Gautam Budh Nagar to decide their pending application for demarcation of their land of Arazi No.180M area 1200 mts. under Section 24/32 of U.P. Revenue Code, 2006 within stipulated time.
Learned Standing Counsel fairly states that in case the aforesaid application is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the fourth respondent to decide the aforesaid application after taking necessary comments/objections from the NOIDA, as expeditiously as possible and preferably within a period of three months from the date of production of a certified copy of this order before him."
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 :- 29.5.2019 SP/