Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6350 of 2019 Applicant :- Social Empowerment Society And Another Opposite Party :- Mr. Devendra Pal Singh, Sub Divisional Officer Counsel for Applicant :- Suman Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicants.
The petitioners are before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 3.8.2018 passed in Writ C No. 26126 of 2018 (Social Empowerment Society And Another v. State of U.P. & 2 Ors.). For ready reference the order dated 3.8.2018 is quoted as under:-
"The petitioners by means of this writ petition want direction to supply copy of the order dated 27.01.1994 passed by the prescribed authority/Sub-Divisional Magistrate, Modi Nagar, Ghaziabad in case no.- 78 of 1992 and the copy of the order dated 15.05.1991 passed by the prescribed authority/Sub-Divisional Magistrate, Modi Nagar, Ghaziabad by which the map for the building of plot no.-11 was sanctioned in case no.-114 of 1991.
The petitioners in this regard have made representation for the supply of copies but have not applied in the prescribed form to obtain the same.
In view of the aforesaid facts and circumstances, we permit the petitioners to withdraw the petition at this stage so as to enable them to apply for the certified copies of the above orders in accordance with law. It is expected that as and when certified copies are applied, the office of the respondent no.-3 shall act upon it and supply the copies most expeditiously.
The writ petition is dismissed as withdrawn with the above observation."
It is admitted position that the Writ Petition was dismissed as withdrawn with liberty to the applicants to apply for required certified copies. Needless to say that the said certified copies may very much be obtained under the Right to Information Act, 2005. The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
In view of above, once there is full fledged mechanism provided for, to remedy the situation, then there is no reason or occasion for this Court to entertain the Contempt Application in question.
Consequently, this contempt application stands dismissed. However, if the applicants moves application in prescribed format under the RTI Act, then definitely the authority concerned would proceed for issuance of certified copies as has been observed by Writ Court.
Order Date :- 27.9.2019 Jaswant