Rinku Sonkar vs Sri Raghvendra Singh

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5185 of 2019 Applicant :- Rinku Sonkar Opposite Party :- Sri Raghvendra Singh Counsel for Applicant :- Haridwar Singh

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 24.01.2019 passed in Writ-C No.1178 of 2019 (Rinku Sonkar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 24.01.2019 is quoted as under:-

"In the facts and circumstances, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Sub Divisional Magistrate, Sagari, District Azamgarh to proceed in the matter strictly in accordance with law and decide the claim set up by the petitioner in accordance with law after affording opportunity of hearing to all the stakeholders in the matter within a period of three weeks from the date of production of a certified copy of this order before him."

It has been averred in the affidavit filed alongwith the contempt application that a certified copy of the aforesaid order alongwith other documents 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 weeks 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