Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3707 of 2019 Applicant :- Sukhdayal Rathor Opposite Party :- Sri Nitin Ramesh Gokarn, Principal Secretary Public Work Department Counsel for Applicant :- Rajat Agarwal,Virpratap Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 22.3.2018 passed in Public Interest Litigation (PIL) No.3140 of 2018 filed by the applicant, the Court directed as under:
"The petitioner in the writ petition is seeking a direction to the respondents to implement the order dated 7.1.2005 passed by the Sub Divisional Magistrate in proceedings under Section 133 Cr.P.C. against which a revision was filed and the revision was also dismissed on 22.1.2010 confirming the order dated 7.1.2005.
According to the petitioner, the respondents no. 6 to 13 have encroached upon the gaon sabha land being Gata no. 173 area 0.031 hectare against which proceedings under Section 133 Cr.P.C. were initiated and, thereafter, an order was passed on 7.1.2005, which has been affirmed by the revisional court by order dated 22.1.2010. When the orders were not complied with, the petitioner filed an application under Section 482 being Case no. 8474 of 2016 (Ram Bhajan Vs State of U.P. & others) which was disposed of by this court by order dated 8.5.2017. On the allegation that the order was not complied with, the petitioner filed Contempt Application (Civil) no. 3246 of 2017 (Ram Bhajan Vs Sri Rajeev Rautela, District Magistrate and another) which was disposed of by this court by order dated 4.8.2017 with a direction to comply with the order within a period of three months. Allegedly, when the order dated 4.8.2017 was not complied with, the petitioner filed second Contempt Application (Civil) no. 278 of 2018 (Ram Bhajan Vs Rajeev Rautela, District Magistrate) which was dismissed by the court by order dated 5.3.2018 with the observation that the directions issued by the court had been complied with as admitted by the applicant in his verification dated 15.10.2017.
Therefore, so far as relief no. 1 is concerned, no direction can be given as prayed by the petitioner and the said relief is accordingly rejected.
So far as relief no.2 is concerned, the prayer is to restrain the respondents no. 6 to 13 from making any construction or encroachment on the Gata no. 173 area 0.031 hectare which is recorded as Raasta in the revenue record, this writ petition is, disposed of with a direction to the respondent no. 4- Tehsildar, Tehsil Chauri Chaura, District Gorakhpur to enquire into the matter and take appropriate action, in accordance with law, within a period of two months from the date of receipt of a certified copy of this order in his office."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party 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 six weeks 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 :- 31.5.2019 RKP