Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4850 of 2018 Applicant :- Shrawan Kumar Opposite Party :- Shivkant Dwivedi,D.M.
Counsel for Applicant :- Ram Chandra Yadav Hon'ble Manoj Kumar Gupta,J.
In terms of the order dated 29.01.2018 in Writ-C No. 3587 of 2018, the District Magistrate was required to decide the compliant of the applicant dated 25.09.2018 within two months from the date of receipt of certified copy of the order after giving opportunity of hearing to the fair price shop dealer against whom the compliant was made.
It is not disputed that a report was submitted by District Supply Officer, Azamgarh on 26.07.2018 on basis of the compliant made by the applicant. However, the case of the applicant is that no final decision has been taken in the matter by opposite party so far.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next six weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicants to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J.) Order Date :- 13.9.2018 Darpan Sharma