Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5504 of 2019 Applicant :- Sonarthi Opposite Party :- Sri. Nagendra Pratap Singh, D.M. And 2 Others Counsel for Applicant :- Satyawan Yadav,Ranjeet Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 11.03.2019 passed in Writ-C No.42779 of 2018 (Sonrathi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 11.03.2019 is quoted as under:-
"Under such circumstances, the State Respondents may get a demarcation done of plot no. 403 and see as to where the petitioner's possession had to be vis-a-vis the patta which was granted to him and, thereafter, the Police and State Authorities shall see that the petitioner's possession over the plots no. 403 over which he was granted the patta was not disturbed.
In this regard, the petitioner has also drawn the attention of the Court to the Government Order dated 1st May 2017.
The District Magistrate would see that action is taken in pursuance of the Government Order also."
It is averred in the affidavit filed alongwith the compliance application that a certified copy of the aforesaid order alongwith other documents 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 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 A. Pandey