Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5396 of 2019 Applicant :- Santosh Kumar Agrawal Opposite Party :- Shiv Sagar Dubey, Tehsildar And Another Counsel for Applicant :- Hari Om Gupta,Virendra Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 15.3.2019 passed in Public Interest Litigation (PIL) No.444 of 2019 filed by the applicant, the Court directed as under:
"In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall pass appropriate orders within a period of three months from the date of production of a certified copy of this order. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector."
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 envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties 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 parties within the stipulated time as aforementioned.
Order Date :- 26.8.2019 RKP