Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6428 of 2019 Applicant :- Tarawati Opposite Party :- Monika Rani, D.M.
Counsel for Applicant :- Mukesh Kumar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 21.5.2019 passed in Writ C No.17256 of 2019 filed by the applicant, the Court directed as under:
"The petitioner is claiming compensation for the death of her son Kuldeep who died due to electrocution on 27.4.2018.
Sri Ankit Saran, informs that his application for compensation has been processed by the Executive Engineer in accordance with provisions of Section 161 of the Electricity Act 2003 and a report in that regard has already been submitted on 26.7.2018 and that now it is for the District Magistrate to take action on it.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioner to approach the second respondent- District Magistrate, Farrukhabad, with a representation raising his grievance and referring to the above report. In case petitioner so approaches the second respondent within a period of two weeks, he will take appropriate action in accordance with law most expeditiously, if possible within next six weeks and pass a reasoned order with regard to the entitlement of the compensation, if any, to the petitioner and in the event petitioner is held entitle to any compensation the same shall be fate within a period of two weeks, thereafter.
The writ petition is disposed of."
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 three 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 three weeks 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 :- 30.9.2019 RKP