Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3730 of 2019 Applicant :- Ramji Singh Opposite Party :- Shri Shivkant Dwivedi, District/Collector Magistrate Counsel for Applicant :- Indra Mohan Singh 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 07.02.2019 passed in P.I.L. No.240 of 2019 (Ramji Singh v. State of U.P. & Ors.). For ready reference the order dated 07.02.2019 is quoted as under:-
"Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents. Sri Ramesh Chandra Upadhyay has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondents 1st set to ensure removal of unauthorized occupation/construction over Gaon Sabha land being plot no. 356 area 0.0770 Hectare (wrongly mentioned in Khatauni as 355), plot no. 366 area 0.0290 Hectare and plot no. 367 area 0.0160 Hectare situate in Mauja Deeh, Pargana Muhammadabad, Tehsil Sadar, district Azamgarh.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no.2, the Collector, Azamgarh to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs."
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 six 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 :- 31.5.2019 SP/