Allahabad High Court
M/S R.S. Engineering And Another vs Ram Pyare Tiwari, Engineer- ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4830 of 2019
Applicant :- M/S R.S. Engineering And Another
Opposite Party :- Ram Pyare Tiwari, Engineer- In-Chief And Head Of Department And 2 Others
Counsel for Applicant :- Amit Kumar Singh
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 11.03.2019 passed in Writ-C No.4919 of 2019 (M/S R.S. Engineering and Another v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 11.03.2019 is quoted as under:-
"In view of the factual background aforesaid, there is no just reason for detaining the amount, for which the petitioners are otherwise entitled to have.
This petition for writ, hence, is disposed of by directing the Chief Engineer (Respondent no 2) to act upon the request made under the communication dated 11.4.2018 immediately as far as possible within a period of two months from the date of receipt of a certified copy of this order to enable the Executive Engineer, Devkali Pump Canal Division Ist, Ghazipur to satisfy the payments of the petitioners."
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 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
