Allahabad High Court
Maha Narayan vs Vivek Chaturvedi, S.D.M. on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4756 of 2019
Applicant :- Maha Narayan
Opposite Party :- Vivek Chaturvedi, S.D.M.
Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi
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 16.04.2018 passed in Writ Petition No.13630 of 2018 (Maha Narayan v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Diwakar Singh appears for Gaon Sabha.
In view of the order proposed to be passed, notices need not go to fourth respondent.
The petitioner is before this Court for a direction to Sub Divisional Magistrate/Tehsildar, Phoolpur, Allahabad to take appropriate action against fourth respondent namely Kewla Prasad son of Heera Lal against whom proceeding under Section 122B of UPZA & LR Act being Case No.176/223/371/2001 has already been finalised on 29.05.2001. It has also been averred in the writ petition that at no point of time the said order has ever been assailed before the higher forum and as such for all practical purpose, the same has attained finality. The matter relates to Gata No.788 area 0.006 hect. It is also complained before this Court that the fourth respondent has also encroached upon Gata No.792, which is public utility land and in this regard first information report has also been lodged under Section 3/5 Public Property Damages Act. In this backdrop, it is requested that the SDM/ Tehsildar may be asked to look into the grievance of the petitioner and pass appropriate order so that the fourth respondent may be evicted from the public land/ property.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner moves fresh application before the third respondent i.e. Sub-Divisional Magistrate, Tehsil Phoolpur, Distt. Allahabad ventilating his grievances within ten days, this Court hope and trust that the same would be considered and decided in accordance with law expeditiously and preferably within three months from the date of filing of such application but certainly after giving ample opportunity to fourth respondent as well as Gaon Sabha also."
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 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 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 :- 1.8.2019
SP/
