Allahabad High Court
Shyam Singh vs Sri. Vijay Vishwas Pant, D.M. on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4744 of 2019
Applicant :- Shyam Singh
Opposite Party :- Sri. Vijay Vishwas Pant, D.M.
Counsel for Applicant :- Ashish Agrawal,Uttam 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 opposite parties for wilful disobedience of the order dated 01.04.2019 passed in Writ Petition No.3228 of 2019 (Shyam Singh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The Caveat Application has been wrongly recorded in the instant writ petition. This writ petition has been filed for implementation of the order dated 25.11.2015 passed in Case Nos.15 of 2014, 16 of 2014, 17 of 2014, 18 of 2014 and 19 of 2014 whereas the Caveat has been filed for the Case No.13 of 2014. Therefore, the Caveat Application may be removed and be placed in the appropriate case.
Despite the order dated 26.2.2019, instructions have not been filed.
It is, therefore, directed that the respondent no.2 shall decide the application filed by the petitioner on 27.12.2018 and if he finds that the order dated 25.11.2014 had attained finality, then the same may be implemented within a period of two months from the date of presentation of a certified copy of this order, if there is no other legal impediment.
The writ petition is, accordingly, disposed of."
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 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 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/
