Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6426 of 2019 Applicant :- Shanti Devi Opposite Party :- Anjani Kumar Singh, Sub Division Magistrate Counsel for Applicant :- Om Prakash Vishwakarma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 1.11.2018 passed in Writ C No.36442 of 2018 filed by the applicant, the Court directed as under:
"The petitioner is before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate, Tehsil Badlapur, District Jaunpur to decide the Case No.T201814360201249 under Section 116 of U.P. Revenue Code, 2006 (Shanti Devi vs. State of UP and others), which is pending since 27.4.2017, within stipulated time.
Learned Standing Counsel fairly states that in case the aforesaid case is still pending and has not been disposed of, the same shall be considered and decided expeditiously.
In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.2 to consider and decide the aforesaid case by a speaking order within a period of six months from the date of production of a certified copy of this order before him."
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 Court within two 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 party and another self-addressed stamped envelope to the office within three weeks 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 recorded thereof.
The opposite party 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 party within the stipulated time as aforementioned.
Order Date :- 30.9.2019 RKP