Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5501 of 2019 Applicant :- Surendra Singh Opposite Party :- Madan Singh Gabryal, Additional District Magistrate Counsel for Applicant :- Raj Kumar Kesari
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 08.04.2019 passed in Writ-C No.11938 of 2019 (Surendra Singh v. Union of India and others). For ready reference, the relevant extract of order dated 08.04.2019 is quoted as under:-
"Taking into consideration the facts and circumstances of the case, we are of the view that ends of justice requires that a direction be issued upon respondent no. 4 to pass the appropriate order on the application of the petitioner for determination of his share of the compensation. The said exercise be undertaken expeditiously, preferably within four months from the date of communication of this order. Needless to say that we have not adjudicated the matter on the merits of the case, hence the authority concerned shall pass the order independently."
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