Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5467 of 2019 Applicant :- Somwati Devi And 6 Others Opposite Party :- Shri. Rajesh Verma, Sub Divisional Officer Counsel for Applicant :- Madan Mohan,Prem Sagar Verma
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 26.04.2019 passed in Writ-C No.14216 of 2019 (Somwati Devi & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners and Sri Ashish Kumar Srivastava, learned counsel for the respondent no. 4 as well as learned standing counsel for the State respondents.
The grievance of the petitioner is that allotment was made in their favour by the respondent no. 4. This allotment was for abadi sites. Despite, the allotment having been made an approve, the petitioners have not been put in possession over the land allotted. In this regard application appears to have been before the District Magistrate.
In my considered opinion, the application to the District Magistarte is not a proper remedy available by the petitioners. The proper remedy as produced under Section 65 of the U.P. Revenue Code, 2006, is by means of a proper application before the concerned Sub Divisional Magistrate.
Under the circumstances, this writ petition is disposed of directing the petitioners, in case, they if so advised, to approach the Sub Divisional Magistrate, Tehsil Sadar, District - Firozabad, by means of proper application under Section 65 of the Revenue Code, 2006.
In case, such an application filed by the petitioners within a period of two weeks from today, it is expected that the Sub Divisional Magistrate shall consider and dispose of the same, expeditiously."
It is reflected from the record that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties 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 parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 27.8.2019 SP/