Raj Narayan Singh Kushwaha vs Ghanshyam Su

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5211 of 2019 Applicant :- Raj Narayan Singh Kushwaha Opposite Party :- Ghanshyam Su, Assistant Collector / Tehsildar Counsel for Applicant :- Girish Chandra Maurya

Hon'ble Mahesh Chandra Tripathi,J.

By order dated 14.8.2018 passed in PIL No. 3361 of 2018 filed by the applicant, this Court directed as under:

"It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall decide Case Nos. T-201814290201295, T-201814290201294, T-201814290201296 and T-

201814290201297 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.

It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.

With the aforesaid directions, the writ petition is disposed of. "

The record in question reflects 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 writ 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 party 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 party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 :- 16.8.2019 A.K.Srivastava