Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3637 of 2019 Applicant :- Shikha Chatterjee Opposite Party :- Vineet Kumar, Defence Land Officer Counsel for Applicant :- Anil Kumar Tiwari,Akhilesh Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 25.1.2017, which was corrected vide order dated 19.5.2017 passed in Writ C No. 3965 of 2017 filed by the applicant, this Court directed as under:
"4. Consequently, in view of the facts of the present case, we proceed to pass an order asking the Defence Land Officer Cantonment Board, Allahabad that in case, till today, no final decision has been taken in the matter, then, finalize the proceeding as per law expeditiously preferably within the next two months from the date of receipt of a certified copy of this order, but certainly after taking the note of objection filed by the brother of petitioner who has been impleaded as opposite party No. 3 in the present writ petition.
5. With this, the present writ petition stands disposed of. The order in question has been passed with due assistance of Shri Santosh Kumar Shukla, Advocate and Shri Ajeet Kumar Singh, Advocate appearing for opposite parties. "
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 writ 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 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 opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 30.5.2019 A.K.Srivastava