Allahabad High Court
Smt. Lata Maheshwari And Another vs Sri. Bhanu Chand Goswami, Vice ... on 8 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3878 of 2019
Applicant :- Smt. Lata Maheshwari And Another
Opposite Party :- Sri. Bhanu Chand Goswami, Vice Chairman Prayagraj Development Authority And Another
Counsel for Applicant :- Alok Kumar Srivastava,Margret Garima Roberts,Sri Shakti Swarup Nigam Senior Advocate
Hon'ble Mahesh Chandra Tripathi,J.
In Re: Impleadment Application
This is an application seeking impleadment of Shri T.K. Shibu, Vice Chairman, Prayagraj Development Authority, Prayagraj as opposite party no.3.
Application is allowed.
Let the necessary impleadment be carried out forthwith
In Re: Contempt Application
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 18.02.2019 passed in Writ-C No.2968 of 2019 (Lata Maheshwari and another vs. State of U.P. and others). For ready reference, the relevant extract of order dated 18.02.2019 is quoted as under:-
"Accordingly, we grant liberty to the petitioners to file a representation within two weeks before the Vice Chairman of the Development Authority, respondent no. 2, alongwith documents in support of their claim. In the event, any such representation is made, the respondent no. 2 shall consider it and pass a reasoned order expeditiously, preferably within two weeks.
Till the decision is taken by the respondent no. 2, the petitioners' shop shall not be demolished.
Accordingly, the writ petition is disposed of.
Needless to say that we have not expressed our view on the merits of the case. The respondent no. 2 shall pass the order independently, in accordance with law."
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 newly impleaded opposite party to comply with the aforesaid order of the Court within three 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 newly impleaded opposite party 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 newly impleaded opposite party within one week thereafter and keep a recorded thereof.
The newly impleaded 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 newly impleaded opposite party within the stipulated time as aforementioned.
Order Date :- 8.7.2019
A. Pandey
