Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2428 of 2019 Applicant :- Sarvesh Jaiswal Opposite Party :- Pawan Kumar Singh, Tehsildar (Judicial) Counsel for Applicant :- Murtuza Ali,Imtiyaj Ali
Hon'ble Mahesh Chandra Tripathi,J. In Re: Impleadment Application
This is an application seeking impleadment of Sri Ambika Chaudhary, Tehsildar (Judicial), Phoolpur, District Azamgarh as opposite party no.2.
Application is allowed.
Let the necessary impleadment be carried out forthwith In Re: Contempt Application Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 02.04.2014 passed in Writ-C No.19206 of 2014 (Sarvesh Jaiswal v. Tehsildar (Judicial) and another). For ready reference, the relevant extract of order dated 02.04.2014 is quoted as under:-
"In substance, the petitioner appears to be aggrieved by non-disposal of Mutation Case No. 668 of 2012 (Sarvesh Vs. Rajendra Prasad and others) pending before the respondent no. 1.
Having heard learned counsel for the parties, this writ petition is disposed of with the direction to the respondent no. 1 to decide the aforesaid case expeditiously in accordance with law keeping in mind the urgency of the matter and pendency of the cases of such nature of the previous years in his court without granting any unnecessary adjournments to the learned counsel for the parties. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 newly impleaded opposite party 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 newly impleaded opposite party and another self-addressed 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 newly impleaded opposite party within one week thereafter and keep a recorded thereof.
The newly impleaded opposite party shall comply with the directions of the writ court and intimate the applicant 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 newly impleaded opposite party within the stipulated time as aforementioned.
Order Date :- 29.4.2019 A. Pandey