Ram Khelavan vs Vijay Vishwas Pant, D.M.
2019 Latest Caselaw 5890 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4083 of 2019
 
Applicant :- Ram Khelavan
 
Opposite Party :- Vijay Vishwas Pant, D.M.
 
Counsel for Applicant :- Agnihotri Kumar Tripathi
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 26.2.2019 passed in Writ C No.6683 of 2019 filed by the applicant, a Division Bench of this Court directed as under:

"Considering the facts and circumstances of the case, we are of the view that we deem it fit and proper to direct the second respondent to issue necessary directions to Revenue and Police Authorities in the light of Government Order dated 1.5.2017 expeditiously, preferably within a period of six weeks from the date of communication of this order.

Needless to say that we have not expressed our opinion on the merits of the case, the authority concerned shall pass the order independently and in accordance with law.

The writ petition is, accordingly, 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 party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.

The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.

Order Date :- 9.7.2019

RKP