Sima Devi And Another vs Bhawant Singh Gahalaut, D.M. ...
2019 Latest Caselaw 5593 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3830 of 2019
 

 
Applicant :- Sima Devi And Another
 
Opposite Party :- Bhawant Singh Gahalaut, D.M. Ballia And 2 Others
 
Counsel for Applicant :- Jitendra Nath Pandey
 

 
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 10.12.2018 passed in Writ-C No.40428 of 2018 (Om Prakash Singh and others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 10.12.2018 is quoted as under:-

"It is, therefore, directed that the Sub Divisional Magistrate, Ballia, may decide the application dated 13.8.2018 within a period of one month from the date of presentation of a certified copy of this order and if it is found that the pattas were there then every endeavour shall be made to give possession to the petitioners immediately."

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 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 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