Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4514 of 2019 Applicant :- Sangam Lal And 5 Others Opposite Party :- Ratan Priya Tripathi. D.D.M.
Counsel for Applicant :- Awadhesh Kumar Sharma,Sharda Vishwakarma
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 09.04.2019 passed in PIL No.747 of 2019 (Sangam Lal & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
The submission is that the petitioners have made a representation dated 28.01.2019 sent by registered post on 06.02.2019 to the District Magistrate and other authorities to take appropriate action for removal of the debris from arazi no.201, situated in village Jagauti, Pargana Arail, Tehsil Karchana, District Prayagraj, which is recorded as chak road in the revenue record. It has been submitted that no orders have been passed on the representation of the petitioners when the application was filed in public interest.
Writ petition is disposed of directing the Sub Divisional Magistrate, Tehsil Karchana, District Prayagraj to consider the grievance of the petitioners as per their representation aforesaid and pass appropriate orders within a period of two months from the date of production of a certified copy of this order."
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 one month 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 :- 25.7.2019 SP/