Allahabad High Court
Mahaveer Singh And 5 Others vs Ritu Maheshwari, Chief Executive ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4811 of 2019
Applicant :- Mahaveer Singh And 5 Others
Opposite Party :- Ritu Maheshwari, Chief Executive Officer Of Noida Development Authority
Counsel for Applicant :- Rajbir
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 respondents for disobedience of the order dated 07.01.2019 passed in Writ-C No.42838 of 2018 (Mahaveer Singh and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.01.2019 is quoted as under:-
"Having regard to the facts and circumstances of the case, we are of the opinion that ends of justice would be sub-served by issuing a direction upon the second respondent (Chief Executive Officer, Noida Development Authority, Noida, Districxt Gautam Budh Nagar) to consider the cause of the petitioners and pass a reasoned order, in accordance with law, expeditiously, preferably within three months from the date of the communication of this order.
We grant liberty to the petitioners to file fresh representation and documents alongwith the certified copy of this order before the second respondent within three weeks.
Needless to say that we have not expressed our opinion on the merits of the case. The concerned respondents shall pass the order independently in accordance with law.
With the aforesaid direction, the writ petition is disposed off."
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 three 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 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 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 :- 1.8.2019
A. Pandey
