Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5331 of 2019 Applicant :- M/S Umesh Kumar Singh Opposite Party :- Rajesh Kumar, Chief Engineer (Jhansi Region) U.P. Jal Nigam Counsel for Applicant :- Jitendra Prasad Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri V.K. Rai, learned counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 23.05.2019 passed in Writ-C No.16594 of 2019 (M/S Umesh Kumar Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 23.05.2019 is quoted as under:-
"We, therefore, dispose of the writ petition with a direction to the respondent no. 3, Chief Engineer, Jhansi Region, U.P. Jal Nigam, Jhansi to ensure that payment of the admitted amount of Rs.26,69,184/- is positively made to the petitioner by 23 July, 2019. So far as the difference between the admitted amount of Rs.26,69,184/- and the amount of Rs.29,76,603/- as raised by the petitioner in his bills is concerned, the petitioner may submit a representation before the respondent no. 3 within fifteen days from today. If such a representation is made within fifteen days from today, the respondent no. 3 shall decide the same within the same period and if it is found that the difference amount is payable to the petitioner, the same shall be paid to him within the same period."
Shri V.K. Rai, learned counsel for the opposite party, on the basis of instructions, submits that at present financial condition of Jal Nigam is critical and in response to the writ court order Rs.5 lacs has been dispensed with in favour of the applicant and some payment is due, the same may also be ensured in favour of the applicant.
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 :- 22.8.2019 A. Pandey