Allahabad High Court
Ramdulare Ram vs Uma Shankar Mishra, District Panchayat ... on 27 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5469 of 2019 Applicant :- Ramdulare Ram Opposite Party :- Uma Shankar Mishra, District Panchayat Raj Officer Counsel for Applicant :- Pushpendra Kumar Yadav,Vidya Kant Tripathi Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 23.01.2019 passed in PIL No.5126 of 2018 (Ramdulare Ram v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner, Sri Hareram Tripathi, learned brief holder for the State respondents and Sri Udham Singh, Advocate holding brief of Sri Manoj Kumar Yadav, learned counsel representing respondent no. 5.
By order dated 11.01.2019 this Court had required the learned Standing Counsel to obtain instructions. As per the instructions received from the District Panchayat Raj Officer, Chandauli, out of 11 points highlighted in the complaint of the petitioner against the village Pradhan, 8 works were informed to be completed without any fault.
Insofar as point nos. 9 and 10 of the complaint is concerned, it is informed that as the records were not made available by the Village Development Officer, show cause notice has already been issued to him and, as and when records are received, point nos. 9 and 10 would also be enquired into. Further with regard to point no. 11 substantial work of construction of toilet is found to be done with little work remaining.
The District Panchayat Raj Officer, Chandauli in the instructions has prayed for some reasonable time to complete the enquiry with regard to the point nos. 9, 10 and 11 and to provide a copy of the same to the petitioner.
In view of the above, we do not find it necessary to keep this petition pending.
We, accordingly, dispose off the writ petition with a direction to the District Panchayat Raj Officer, Chandauli to ensure that the enquiry is concluded within a period of one month and a copy of the enquiry report is provided to the petitioner, as already stated by him in the instructions."
It is reflected from the record 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 one month 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 one week 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 :- 27.8.2019 SP/