Allahabad High Court
Subhash Chandra Rai vs Rajesh Kumar Singh, ( Incharge) ... on 10 July, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4037 of 2019 Applicant :- Subhash Chandra Rai Opposite Party :- Rajesh Kumar Singh, ( Incharge) Assistant Collector And Another Counsel for Applicant :- Vinod Kumar Yadav,Shashank Kumar Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 20.9.2018 passed in PIL No. 3098 of 2018 filed by the applicant, this Court directed as under:
"It would serve no useful purpose to keep the writ petition pending. The Assistant Collector/Tehsildar, Tehsil- Mohammadabad, District Ghazipur, i.e., respondent No. 5 is directed that proceedings instituted under Section 67 of the Code, 2006 shall be completed within a period of six months from the date a certified copy of this order is produced before him. It is further directed that in case in any proceeding the noticee is found to be illegally occupying the Gaon Sabha plot, he shall be removed from the same within a period of one month after the order passed by the Assistant Collector unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the same. It is also directed that if the petitioner or any other member of the Gaon Sabha files an application in the cases registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
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 party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the writ 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 party 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self-addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 10.7.2019 A.K.Srivastava