Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4713 of 2019 Applicant :- Snehlata Opposite Party :- Shri. Devendra Kumar Singh, S.D.M.
Counsel for Applicant :- Harish Kumar Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 21.12.2018 passed in Writ C No.42932 of 2018 filed by the applicant, the Court directed as under:
"The contention of the counsel for the petitioner is that of Chak road as Arazi No. 129, Area 0.0400 hectare situated at Village Belrai, Post Piparpati, Pargana Haveli, Tehsil Sadar, District Maharajganj the private respondent encroached the public land.
In this regard the petitioner has approached the Sub-Divisional Magistrate, Tehsil Sadar, District Maharajganj but no action is yet taken by the respondents.
Having heard the counsel for the petitioner and learned Standing Counsel and with the consent of the counsels for the parties, the writ petition is disposed of by directing the respondent no. 2- Sub-Divisional Magistrate, Tehsil Sadar, District Maharajganj to take an appropriate steps and make an enquiry in this regard and pass an appropriate order, in accordance with law, after providing the opportunities to the respective parties within a period of two months from the date the certified copy of this order is produced before him.
The writ petition is disposed of."
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 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 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 :- 30.7.2019 RKP