Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2561 of 2019 Applicant :- Mohd. Monish Khan Opposite Party :- Devendra Singh Bhadoriya, Secretary Counsel for Applicant :- Ansar Ahmad Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 08.05.2018 passed in Writ Petition No.2625 of 2018 (Mohd. Monish Khan v. State of U.P. & Ors.). For ready reference the order dated 08.05.2018 is quoted as under:-
"Heard learned counsel for the petitioner and perused the record.
Learned counsel for the petitioner has invited the attention of the Court to an interim order passed in Writ Petition No. 59603 of 2017 dated 18.12.2017 to contend that in relation to such realization of external development charges other deposits have been allowed to be made subject to an undertaking being given for depositing the disputed amount and a direction has been issued to the authority for reconsidering the request of the petitioner therein.
The said order is an interim order and does not lay down any ratio of law, and therefore, it cannot be a binding precedent, but at the same time, what we find is that the petitioner has indicated that he has deposited the initial fee that was required for the sanction of the map, whereafter the property was developed and the Aligarh Development Authority has acknowledged the receipt of the said amount through the receipt issued to the petitioner on 19.09.2013.
Learned counsel submits that the Development Authority did not raise any demand thereafter, and all of a sudden the citation of recovery has been issued through the Tehsildar for realization of the entire amount as alleged. Learned counsel disputes the amount of interest as also other recovery charges being levied against the petitioner. In our opinion, this is all a question of fact and this can be a matter of consideration by the authority itself.
The matter has been taken up in the revised call and no one is present on behalf of the respondent no. 4. Learned Standing Counsel is present for the respondent nos. 1, 2 and 3.
We, accordingly, dispose of the writ petition with liberty to the petitioner to approach the fourth respondent who may consider the said grievance of the petitioner in accordance with law and the terms and conditions of the agreement for any such respite which the petitioner may be claiming for making the deposits which the authority is entitled to receive. The authority shall pass an appropriate order and inform the petitioner accordingly within three weeks'. The recovery proceedings will abide by the same.
The writ petition is disposed of with the said observations."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 26.05.2018 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 parties to comply with the aforesaid order of the Court within one month 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 party within the stipulated time as aforementioned.
Order Date :- 29.4.2019 SP/