Ram Sagar And 13 Others vs State Of U.P And 2 Others
2019 Latest Caselaw 5589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3991 of 2019
 

 
Applicant :- Ram Sagar And 13 Others
 
Opposite Party :- State Of U.P And 2 Others
 
Counsel for Applicant :- Mayank Bhushan Nath Tripathi
 

 
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 respondents for disobedience of the order dated 07.02.2019 passed in Writ-C No.2782 of 2019 (Ram Sagar and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.02.2019 is quoted as under:-

"Having due regard to the facts of the case we are of the view that the ends of justice would be met by issuing a direction upon the third respondent to pass appropriate order after furnishing opportunity to the petitioner expeditiously, preferably within four weeks.

Needless to say that this Court has not expressed any opinion on the merits of the case, the third respondent shall pass the order independently and in accordance with law.

The writ petition is accordingly disposed of."

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 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 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 parties within one week thereafter and keep a recorded thereof.

The 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 opposite parties within the stipulated time as aforementioned.

Order Date :- 8.7.2019

A. Pandey