Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4540 of 2019 Applicant :- Tribhuwan Nath Pandey Opposite Party :- Mewa Lal, S.D.M Counsel for Applicant :- Om Prakash Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 19.4.2019 passed in Writ C No.13555 of 2019 filed by the applicant, the Court directed as under:
"Considering the fact that there is an earlier direction of the Division Bench to decide the demarcation matter passed before a duly constituted application was filed and bearing in mind the mandatory provisions of Section 24(3), the Sub-Divisional Magistrate, Phoolpur, District Azamgarh is ordered to decide Case No.T201915060300927 Tribhuvan and others Vs. Gram Panchayat and others under Section 24(3) of the Revenue Code within a period of two months from the date of receipt of a certified copy of this order, positively and without fail. No notice is being issued to private respondent Nos. 4 to 12 in view of the fact that the order made here is not to the prejudice of either party, as no rights are being decided in this petition. However, in case the respondent Nos. 4 to 12 still feel aggrieved by this order, it would be open to them to move an appropriate application in the decided matter."
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 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 :- 25.7.2019 RKP