Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4701 of 2019 Applicant :- Soran Singh Opposite Party :- Chandra Prakash Singh,D.M.
Counsel for Applicant :- Ram Pal Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 01.04.2019 passed in Writ-C No.10888 of 2019 (Soran Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 01.04.2019 is quoted as under:-
"Taking into consideration facts and circumstances of the case, we are of the view that the ends of justice requires that cause of the petitioner be considered by the District Magistrate, Kasganj in accordance with law in light of the directions of the State Government in the aforementioned Government Order, expeditiously, preferably within three months from the date of communication of this order.
It is made clear that we have not adjudicated the matter on merits, the District Magistrate shall pass the order independently and in accordance with law.
The writ petition stands disposed of. There shall be no order as to costs."
Learned counsel for the applicant submits 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 three 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 :- 30.7.2019 A. Pandey