Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4700 of 2019 Applicant :- Vishnu Opposite Party :- Sri. Sarvagyan Mishra, D.M./ Collector, And 10 Others Counsel for Applicant :- Ram Prakash Upadhyay
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 09.06.2017 passed in PIL No.26702 of 2017 (Vishnu v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 09.06.2017 is quoted as under:-
"After the commencement of Uttar Pradesh Revenue Code, 2006 (in short 'the Code') and enforcement of Uttar Pradesh Revenue Rules, 2006 (in short 'the Rules'), the remedy of the petitioner is to approach the Assistant Collector of the concerned Tehsil under section 67 of the Code read with Rule 67 of the Rules.
In case such approach is made by way of filing an application, along with certified copy of the order of this Court, the Assistant Collector shall do the needful, expeditiously keeping in mind the law laid down by this Court in the case of Bhole Nath and Another Vs. State of U.P. and Others, 2016 (7) ADJ 430, provided there is no legal impediment.
With the aforesaid observations / directions, this petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 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 :- 30.7.2019 A. Pandey