Allahabad High Court
Ram Raj vs Renuka Devi, Consolidation ... on 17 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6715 of 2019 Applicant :- Ram Raj Opposite Party :- Renuka Devi, Consolidation Commissioner Counsel for Applicant :- Niranjan Lal Srivastava Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the applicant is permitted to correct the description of opposite party.
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 06.05.2019 passed in Writ-B No.1116 of 2019 (Ram Raj v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 06.05.2019 is quoted as under:-
"Under these circumstances, petitioner is granted liberty to file fresh representation alongwith resolution of Gaon Sabha, if any, before the respondent no.2-Consolidation Commissioner, Uttar Pradesh, Lucknow within two weeks from today. In case, such representation is filed before respondent no.2, the same shall be considered and decide in accordance with law, expeditiously, preferably within a period of four months from the date of its presentation.
With the above observation/direction writ petition stands 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 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 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 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 :- 17.10.2019 A. Pandey