Tribhuvan Nath vs Brijendra Rai

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5178 of 2019 Applicant :- Tribhuvan Nath Opposite Party :- Brijendra Rai, Tehsildar Counsel for Applicant :- Santosh Kukmar Tiwari

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 07.03.2018 passed in PIL No.3029 of 2018 (Tribhuvan Nath v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.03.2018 is quoted as under:-

"This writ petition is, therefore, disposed of with a direction to the respondent no.4, Tehsildar, Phoolpur, District Allahabad to enquire into the matter and take appropriate action in accordance with law within a period of 2 months from the date a certified copy of this order is received in his office.

It is made clear that the Court has not adjudicated the claim of the petitioner on merits."

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 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 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