Allahabad High Court
Ashok Kumar vs Amit Kishor, The Collector on 21 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6921 of 2019 Applicant :- Ashok Kumar Opposite Party :- Amit Kishor, The Collector Counsel for Applicant :- Amresh Tripathi Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 7.2.2019 passed in Writ C No.4072 of 2019 filed by the applicant, the Court directed as under:
"On perusal of the record, I find that there appears to be some writ petitions pending before this Court or the proceedings under Section 122-B of UP ZA & LR Act/under Section 67 of UP Revenue Code have been initiated against the encroachers and either they have been concluded or still pending.
In such view of the matter, learned Standing Counsel appearing for the respondents states that the grievance of the petitioner can be suitably looked into by the respondent no. 2-Collector/District Magistrate, Deoria, who is also competent to issue necessary direction to the authority concerned in case any encroachment is found.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with a direction to respondent no. 2-Collector/District Magistrate, Deoria to decide the representation of the petitioner on its own merit after verification of the record, preferably within a period of two months from the date of filing of such representation.
It is needless to point out that any substance is found in the representation of the petitioner, respondent no. 2 shall also issue necessary direction to the competent authority for conclusion of the proceedings or execution of the orders already passed in accordance with law provided there is no other legal impediment within the same time. In case any proceeding is pending or is initiated under Section 122-B of UP ZA & LR Act/under Section 67 of UP Revenue Code, the same shall be concluded within a further period of three months.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs."
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 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 stamped 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 21.10.2019 RKP