Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2586 of 2019 Applicant :- Umesh Chandra Opposite Party :- Devendra Kumar, Tehsildar And Another Counsel for Applicant :- Mohammad Daud,Rahul Kumar Jadaun
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 18.02.2019 passed in Writ Petition No.5602 of 2019 (Umesh Chandra v. State of U.P. & Ors.). For ready reference the order dated 28.08.2018 is quoted as under:-
"The petitioner had filed an application for the removal of certain obstacles which had been placed on the Nali which runs over plot no. 1061.
If that is the case, the petitioner may file an application under Sections 25 and 26 of the U.P. Revenue Code, 2006.
It is, therefore, directed that if the petitioner files an application under Sections 25 and 26 of the U.P. Revenue Code, 2006, within two weeks, the same shall be decided within a period of one month 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 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 one month 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 30.4.2019 SP/