Allahabad High Court
Pushpendra Elgin Heights Welfare ... vs T.K. Sibu, The Vice Chairman on 9 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4057 of 2019
Applicant :- Pushpendra Elgin Heights Welfare Society And 2 Others
Opposite Party :- T.K. Sibu, The Vice Chairman
Counsel for Applicant :- V.R. Tiwari
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 17.01.2019 passed in Writ Petition No.1429 of 2019 (Pushpendra Elgin Heights Welfare Society & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioners have preferred this writ petition for the following relief:
"1. Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 to consider and decide the representation/ application submitted by petitioners dated 20.07.2018 (Annexure No. 4, to this writ petition), within a time framed period as may be deemed by this Hon'ble Court."
Petitioner no. 2 claims that he is Secretary of a society, Pushpendra Elgin Heights Welfare Society, which is petitioner no. 1. The Members of the society are residents of the apartments developed by the fourth respondent. They have various grievances which are to be addressed by the third respondent under the provisions of the Uttar Pradesh Apartments (Promotion of Construction, Ownership and Maintenance) Act and the Rules framed thereunder.
We have heard learned counsel for the petitioners, learned Standing Counsel and Sri Arun Kumar, learned Advocate, appearing for the third respondent. In view of the proposed order we are not issuing any notice to the fourth and fifth respondents as their interest is protected in our order.
With the consent of learned counsel appearing for the parties, the writ petition is taken on board and is being disposed of finally at this stage in terms of the Rules of the Court.
Having due regard to the facts of this case, we are of the view that the ends of justice would be met by issuing a direction upon the third respondent to consider the cause of the petitioners and pass the appropriate order after furnishing opportunity to the fourth and fifth respondents. The said exercise be undertaken expeditiously, preferably within four months 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 third respondent shall pass the order independently and in accordance with law.
Accordingly, the writ petition is 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 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 two 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/
