Anjar Ahmad vs Sri Bhanu Chandra Goswami, ...
2019 Latest Caselaw 5893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4064 of 2019
 

 
Applicant :- Anjar Ahmad
 
Opposite Party :- Sri Bhanu Chandra Goswami, District Magistrate
 
Counsel for Applicant :- D.K.Ojha
 

 
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 18.12.2018 passed in Writ Petition No.41954 of 2018 (Anjar Ahmad v. State of U.P. & Anr.), which for ready reference is quoted as under:-

"1. Petitioner's application for grant of fire arm licence is stated to be pending since 08.02.2018 before the Licensing Authority/District Magistrate, Allahabad.

2. Without entering into merits of the case, the present writ petition is disposed of with a direction to the Licensing Authority/District Magistrate, Allahabad to pass appropriate orders on the aforesaid application as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order."

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 three months 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 :- 9.7.2019

SP/