Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2618 of 2019 Applicant :- Sri Om Prakash Mahur Opposite Party :- Ajay Agrawal,Superintending Engineer Counsel for Applicant :- Ranjit Saxena
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 9.4.2018 passed in Writ A No.9558 of 2018 filed by the applicant, the Court directed as under:
"This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.4, Superintending Engineer, Electricity Distribution Circle IInd, Paschimanchal Vidyut Vitran Nigam Ltd., Bulandshahar to consider and decide the petitioner's departmental appeal in accordance with law expeditiously preferably within a period of three months from the date a certified copy of this order is received in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 20.7.2018 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 :- 30.4.2019 RKP