Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5175 of 2019 Applicant :- Dharmawati Devi Opposite Party :- Bhanu Chandra Goswami, D.M. / Collector Counsel for Applicant :- Daya Shanker Yadav,Vinay Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 25.07.2018 passed in Writ-C No.24515 of 2018 (Dharmawati Devi v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 25.07.2018 is quoted as under:-
"The administrative authorities including the respondent no.3 has no authority of law to intervene in any private dispute of the parties. The administration can only interfere in the matter in a summery manner subject to the decision of the rights of the parties as per the decision of the Court.
In view of the aforesaid, we dispose of the writ petition with the direction to the respondent no.2 to take a decision in the matter most expeditiously but only in a summery manner without deciding the rights of the parties."
It has been averred in the affidavit filed alongwith the contempt application that a certified copy of the aforesaid order alongwith other documents were 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 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 :- 16.8.2019 A. Pandey