Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5523 of 2019 Applicant :- Sahab Lal Opposite Party :- Chandrashekhar, S.D.M. And Another Counsel for Applicant :- Brijesh Kumar Pandey,Vivek Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 12.04.2019 passed in Writ-C No.12883 of 2019 (Sahab Lal v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned Standing Counsel for the State respondent and Sri Manoj Kumar Yadav appearing on behalf of Gaon Sabha.
The submission is that the respondent nos. 15 and 16 have removed the pillars from the boundary of the petitioner. After the pillars were erected by the Revenue Inspector on the direction of Sub-Divisional Magistrate by the order dated 19.01.2019. Sub-Divisional Magistrate directed the Revenue Inspector to lodge the first information report against the respondent nos. 15 and 16 in case they have removed the pillars affixed by Revenue Inspector.
It has been submitted that till date no first information report has been lodged despite order of the Sub-Divisional Magistrate and the pillars have been removed by the respondent nos. 15 and 16.
A perusal of the order dated 19.01.2019 passed by the respondent no. 2 shows that the Revenue Inspector has been directed to first inquire whether the pillars have been removed or not and then lodge the FIR.
This writ petition is disposed of directing the Sub-Divisional Magistrate and the Revenue Inspector, respondent nos. 2 and 3, respectively to look into the grievance of the petitioner and in case, after inquiry involving respondent nos. 15 and 16 and affording them opportunity of hearing, it is found that the pillars have been removed by them, appropriate proceedings by way of first information report shall be initiated against them.
This exercise shall be concluded within six weeks' from the date of production of certified copy of this order."
It is reflected from the record 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 :- 29.8.2019 SP/