Allahabad High Court
Gulab Shankar And 2 Others vs Shri Bhanu Chandra Goswami, D.M. on 8 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4026 of 2019
Applicant :- Gulab Shankar And 2 Others
Opposite Party :- Shri Bhanu Chandra Goswami, D.M.
Counsel for Applicant :- Sanjay Singh Sengar
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 11.04.2019 passed in Writ-B No.763 of 2019 (Gulab Shankar & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard counsel for the petitioner and learned Standing counsel.
By this petition, the petitioners seek a direction in the nature of mandamus commanding the respondents to make entry of Gata No. 2187/1 in the revenue record of Village Kathauli, Teshil Meja, District-Allahabad, as the notification under Section 6 of U.P. C.H. Act has already been issued on 02.11.2012.
Contention of the learned counsel for petitioners is that he applied for making the entry of the aforesaid Gata before the District Magistrate but no action has been taken till date.
Accordingly, the present writ petition is disposed of by providing that the petitioners may make a representation, ventilating all their grievance, supported by such documents, within two weeks from today. On such representation being made, respondent no.2 District Magistrate shall consider and decide the same in accordance with law, preferably within six weeks from the date of a production of certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs."
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 :- 8.7.2019
SP/
