Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4688 of 2019 Applicant :- Umakant Dixit Opposite Party :- Sri. Sarad Kumar Singh, Commissioner Chitrakoot Counsel for Applicant :- Jitendra Prasad Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 08.03.2019 passed in Public Interest Litigation No.494 of 2019 (Umakant Dixit v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 08.03.2019 is quoted as under:-
"Accordingly, we dispose of the writ petition with liberty to the petitioner to submit the said report before the Commissioner within three weeks. In the event, any such representation is made alongwith certified copy of this order, the Commissioner shall furnish the opportunity to respondent no. 5 and shall pass the appropriate order in accordance with law, expeditiously, preferably within three months. A copy of the compliance report shall be sent by the Commissioner addressed to the Registrar General of this Court. The Registrar General shall keep the compliance report on the record.
With the aforesaid observation, the Public Interest Litigation is disposed of."
Learned counsel for the applicant submits 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 four 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 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 :- 30.7.2019 A. Pandey