Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4614 of 2019 Applicant :- Vina Devi Opposite Party :- Madhu Sudan Chauhan, S.D.M. And Another Counsel for Applicant :- Ajay Singh 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 18.05.2018 passed in Writ-C No.17907 of 2018 (Veena Devi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 18.05.2018 is quoted as under:-
"Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of finally with a direction to third respondent to look into the grievance of the petitioner and pass appropriate order in accordance with law expeditiously and preferably within a period of four months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned."
Learned counsel for the applicant apprised to the Court that the private incumbents, who were creating all sort of obstruction on the spot, have approached this Court by preferring Writ C no.20469/2018 (Chandrama Devi and others vs. State of U.P. and others) assailing the validity of order dated 02.02.2016 and 27.04.017. Initially the matter was taken up on 30.05.2018 and the Court has proceeded to stay the proceeding of the case in question under Section 41 of the L.R. Act but thereafter while passing the order dated 01.08.2018, the interim order has not been extended.
In this backdrop, learned counsel for the applicant states that even though a certified copy of the aforesaid order alongwith other documents were submitted for compliance before the opposite parties but the opposite parties are not proceeding in the matter and complying the mandate of writ court dated 18.05.2018 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 two months, in case there is no other impediment, 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 :- 26.7.2019 A. Pandey