Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3667 of 2019 Applicant :- Vijay Prakash Singh Opposite Party :- Anand Kumar Singh, S.D.M.
Counsel for Applicant :- Sanjay Kumar Verma
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 27.04.2018 passed in Writ Petition No.10966 of 2018 (Vijay Prakash Singh v. Om Prakash & Ors.). For ready reference the order dated 27.04.2018 is quoted as under:-
"Heard learned counsel for the petitioner, Shri S.C. Tiwari, learned counsel for sixth respondent, Shri Pankaj Rai, learned Additional Chief Standing Counsel for the State respondents.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
The petitioner is before this Court with the request to command the Sub Divisional Magistrate/Assistant Collector-I, Akbarpur, District Kanpur Dehat to decide the Suit no.18 of 2009 filed under Section 229-B of UPZA&LR Act (Vijay Prakash Singh vs. Om Prakash and others), expeditiously.
Learned counsel for the respondents very fairly state that in case the aforesaid suit is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Sub Divisional Magistrate/Assistant Collector- I, Akbarpur, District Kanpur Dehat to expedite the hearing of the aforesaid case and conclude the same expeditiously, preferably within a period of one year from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost of Rs.200/- but certainly after according opportunity of hearing to all the stake holders in the matter."
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 :- 30.5.2019 SP/