Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5572 of 2019 Applicant :- Rampal Singh Opposite Party :- Sri Kanhaiya Patel, Divisional Director Social Forestry Counsel for Applicant :- Anil Kumar Shukla,Sarita Jhingan
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 21.1.2019 passed in Writ A No.8845 of 2017 filed by the applicant, the Court directed as under:
"Learned counsel for the respondents states that the document filed at page 31, Annexure-2 to the writ petition is not a legible document.
Even otherwise the petitioner is seeking cancellation of the selection and appointment of the respondent no. 4 on the post of X-ray Technician through a writ of mandamus. Such writ is not maintainable.
Shri Seemant Singh, learned counsel for the petitioner prays that he should be permitted to withdraw the writ petition with liberty to file fresh writ petition seeking proper relief and filing legible copy of the annexures.
The writ petition is accordingly dismissed with the aforesaid liberty."
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 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 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 applicant 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 applicant 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