The Court disposed of a contempt application filed for disobedience of orders dated 26.09.2018. Since the District Collector decided the applicant's claim on 17.11.2018, the Court found substantial compliance and dismissed the application.
The contempt application (Civil) no. 2898/2019 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2898 of 2019
Applicant :- Anant Dev Singh Opposite Party :- Ram Siromani, S.D.M, Maitha Counsel for Applicant :- V.K.S. Somvanshi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 26.09.2018 passed in Writ-C No.27806 of 2015 (Anant Dev Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 26.09.2018 is quoted as under:-
"The petitoiner may, in such circumstances, move an appropriate application before the District Collector, Ramabai Nagar with a certified copy of the order passed by the Court today as well as the copies of the orders referred to above. Upon such an application being filed, the District Collector shall after hearing the parties concerned including respondent no.4-Ram Krishna Mishra, decide it expeditiously and preferably within a period of two months from the date of filing of the application.
The writ petition is disposed of with the aforesaid observations.
It is made clear that the Court has not adjudicated on the merits of the case which shall be examined by the District Collector in accordance with law."
In pursuance thereof, the applicant has approached to the Authority concerned and when the claim set up by the applicant has not been decided, he has preferred the Contempt Application (Civil) no.5128/2018 (Anant Dev Singh vs. Ram Siromani Singh). The same was disposed of on 26.09.2018 with following observations:-
"Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next six weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings against the opposite party."
Bare perusal of the record clearly reflects that in compliance of the aforesaid orders, the Sub Divisional Magistrate, Maitha,
District Kanpur Dehat vide order dated 17.11.2018 has decided the claim set up by the applicant and in this backdrop, this Court is of the considered opinion that substantial compliance has been ensured in the matter and as such, no interference is required in the matter.
Accordingly, the contempt application is dismissed . However it is always open for the applicant to agitate his grievance, if any, before the appropriate forum.
Order Date :- 10.5.2019 A. Pandey
3 issues framed by the court
Whether substantial compliance with prior orders justifies dismissal of the contempt application.
Whether the District Collector's decision of 17.11.2018 fulfills the Court's directive.
Whether contempt proceedings against the respondents are maintainable given the discharge of claims.
Anant Dev Singh
Ram Siromani
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
