Phoolmati vs Rajesh Verma, S.D.M. And Another
2019 Latest Caselaw 5573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4029 of 2019
 

 
Applicant :- Phoolmati
 
Opposite Party :- Rajesh Verma, S.D.M. And Another
 
Counsel for Applicant :- Vinod Kumar Tirpathi
 

 
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 14.03.2019 passed in Writ-C No.9264 of 2019 (Phoolmati v. State of U.P. & Ors.), which for ready reference is quoted as under:-

"In pith and substance, the petitioner is before this Court commanding the respondent authorities to decide her representation/complaint dated 10.12.2018 within stipulated period.

Learned Standing Counsel fairly states that in case the aforementioned representation is still pending and has not been decided, the same will be considered and decided expeditiously.

In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the competent authority to consider and decide petitioner's aforesaid representation by a speaking order within a period of six weeks from the date of production of a certified copy of this order before him, in case, the same has not been decided as yet."

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 four 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 :- 8.7.2019

SP/