Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3641 of 2019 Applicant :- Sangeeta Opposite Party :- Anajani Kumar Singh, S.D.M.
Counsel for Applicant :- Pawan Kumar Mishra
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 31.10.2018 passed in Writ Petition No.36279 of 2018 (Sangeet v. State of U.P. & Anr.). For ready reference the order dated 31.10.2018 is quoted as under:-
"Heard Sri Pawan Kumar Mishra, learned counsel for the petitioner and Sri M.P. Pandey, learned Standing Counsel.
It is submitted by learned counsel for the petitioner that ends of justice would be served if an appropriate direction is issued to respondent no.2 to ensure demarcation of Gata no.25 (Area 0.012 hct) Awasiya holding of the petitioner, and thereafter to ensure its delivery of possession, as expeditiously as possible, preferably within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.2 to ensure demarcation of Gata no.25 (Area 0.012 hct) Awasiya holding of the petitioner, and thereafter to ensure its delivery of possession, as expeditiously as possible, provided there is no legal impediment, preferably within four months from the date of production of certified copy of the order.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
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 three 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 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 :- 30.5.2019 SP/