Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5303 of 2019 Applicant :- Umesh Kumar Opposite Party :- Ashok Kumar Shukla, Additional District Magistrate And 2 Others Counsel for Applicant :- Rajesh Kumar Dubey
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 opposite parties for wilful disobedience of the order dated 24.09.2018 passed in Public Interest Litigation (PIL) No.4342 of 2018 (Umesh Kumar v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"In pursuance to the order dated 11.09.2018 the Standing Counsel has received instructions and handed over a copy of the same to the Court which is taken on record. On the basis of the aforesaid instructions, the Standing Counsel has stated that regarding the plots mentioned in the present petition, case Nos. 17/15-16/522/2016 and 18/15- 16/532/2016 registered under Section 30 of the Uttar Pradesh Revenue Code, 2006 are pending in the court of Additional District Magistrate, Hathras.
It would serve no useful purpose to keep the writ petition pending, and therefore, it is directed that the Additional District Magistrate, Hathras shall decide Case Nos. 17/15- 16/522/2016 and 18/15-16/532/2016 within a period of four months from the date a certified copy of this order is produced before him. After the decision of Case Nos. 17/15- 16/522/2016 and 18/15-16/532/2016 by the Additional District Magistrate, Hathras, the Assistant Collector, Hathras shall institute appropriate proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 regarding the encroachments over the plots mentioned in the present writ petition and shall dispose of the said proceedings within a period of six months from the date of institution of the said proceedings.
With the aforesaid directions, 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 three 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 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 :- 22.8.2019 SP/