Allahabad High Court
Niyaz Ahamad vs Ghanshyam, Tehsildar (Judicial) on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4762 of 2019
Applicant :- Niyaz Ahamad
Opposite Party :- Ghanshyam, Tehsildar (Judicial)
Counsel for Applicant :- Shashi Dhar Goswami,Pradeep Kumar Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 10.8.2018 passed in Public Interest Litigation (PIL) No.4076 of 2018 filed by the applicant, the Court directed as under:
"The present writ petition has been filed praying for a writ of mandamus directing respondent no.3 to decide Case No.175 of 2013 registered under section 122-B of the U.P Zamindari Abolition & Land Reforms Act, 1950 within the time fixed by this Court.
Considering the fact that the case was registered in 2013, the Tehsildar (Judicial), Tehsil Mohammadabad Ghazipur i.e respondent no.3 in whose Court the aforesaid case is pending is directed to decide the said Case No.175 of 2013 within a period of six months from the date a certified copy of this order is produced before him.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid direction, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within two 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 1.8.2019
RKP
