Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6317 of 2019 Applicant :- Samajik Parivartan Sewa Samiti Opposite Party :- Sri. Ajay Shanker Pandey, D.M. Counsel for Applicant :- Jahangir Haider
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.1.2019 passed in PIL No. 44 of 2019 filed by the applicant, this Court directed as under:
"Having considered the facts of the case, we deem it appropriate to dispose of it by directing the District Magistrate, Ghaziabad to make necessary enquiry as directed by the Chief Minister Office (C.M.O.). The respondent no.3 Project Officer, District Urban Development Agency, Ghaziabad shall provide all necessary assistance to the District Magistrate, Ghaziabad in making the enquiry as instructed by the Chief Minister Office (C.M.O.).
With the directions aforesaid, writ petition is disposed of."
Learned counsel for the applicant submits that 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 writ Court within four 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 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 record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 27.9.2019 A.K.Srivastava