Allahabad High Court
Satya Narayan Gupta vs Sri Hira Lal, D.M. on 11 February, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 958 of 2020 Applicant :- Satya Narayan Gupta Opposite Party :- Sri Hira Lal, D.M. Counsel for Applicant :- Ashok Gupta 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 02.07.2019 passed in Writ Petition No.42526 of 2018 (Satya Narayan Gupta v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioner has instituted this writ petition for issuance of a writ of mandamus directing the respondents to comply the Government order dated 26.03.2018.
The grievance of the petitioner is that he is a retail kerosene oil dealer in District Banda. It is stated that while functioning as retail kerosene oil dealer different schemes have been launched by the State Government for the distribution of Kerosene oil and the schemes were restricted only up to Antyodaya card holders and BPL card holders. It is stated that on account of these schemes the commission of the petitioner has been drastically reduced, hence, his family is at the verge of starvation. It is further stated that the Government has issued the Government order dated 26.03.2018 for the adjustment of earlier retail kerosene oil dealers. Pursuant to the said Government order dated 26.03.2018, the petitioner has moved a representation to the District Magistrate for allotment of the foodgrains and essential commodities. The said representation has not been considered.
The State was granted time to file counter affidavit but no counter affidavit has been filed.
We have heard the learned counsel for the petitioner and the learned standing counsel.
We are of the view that the ends of justice requires that the representation moved by the petitioner pursuant the Government order dated 26.03.2018 shall be considered by the Competent Authority expeditiously in accordance with the law.
Accordingly, the writ petition is disposed of by issuing a direction to the District Magistrate, respondent no. 2 to consider the case of the petitioner in the light of the Government order mentioned above expeditiously preferably within four months.
It is made clear that we have not adjudicated the matter on merit and the District Magistrate shall pass an appropriate order in accordance with law."
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 six weeks 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 three weeks 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 :- 11.2.2020 SP/