Naveen Kumar Vs Prem Prakash Mida, S.D.M. — Contempt of Court | Allahabad HC (2020)

Naveen Kumar Vs Prem Prakash Mida, S.D.M. — Contempt of Court | Allahabad HC (2020)

What the court decided

AI extract

Outcome

One more opportunity of one month (from production of a certified copy of this order) granted to the opposite parties to comply with the writ Court's order dated 7.1.2019; contempt application disposed of at this stage with liberty to the applicant to move a fresh application upon continued non-compliance.

Issue for consideration

Whether the opposite parties committed civil contempt by wilful disobedience of the order dated 7.1.2019 passed in Writ Petition No.8 of 2019, warranting initiation of contempt proceedings and punishment under Section 12 of the Contempt of Courts Act, 1971.

Court's answer

Prima facie a case of contempt has been made out against the opposite parties for non-compliance with the writ Court's order dated 7.1.2019.

Ratio / Principle

Considering the facts and circumstances, one more opportunity is afforded to the opposite parties to comply with the writ Court's order within one month from the date of production of a certified copy of the contempt order.

Key takeaways

Operative compliance mechanism: the applicant is to supply a duly stamped registered envelope addressed to the opposite parties and a self-addressed stamped envelope to the office within three weeks; the office is to send the order with the contempt application to the opposite parties, who must comply with the writ Court's directions and intimate the applicant through the self-addressed envelope.ratio¶13
The contempt application is disposed of at this stage with liberty to the applicant to move a fresh application if the writ Court's order is not complied with by the opposite parties within the stipulated time.ratio¶15

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 — S. 12 — Civil contempt — Wilful disobedience of writ order. Applicant sought initiation of contempt proceedings against the opposite party (S.D.M.) for non-compliance with the order dated 7.1.2019 in Writ Petition No.8 of 2019 (Naveen Kumar v. State of U.P. & Ors.), whereby his application for cleaning of drains/nalis was to be treated as one under section 26 of the U.P. Land Revenue Act, 1901 and decided by the Sub-Divisional Magistrate, Harraiya, District Basti within one month. Holding that prima facie a case of contempt was made out, the Court nonetheless afforded one more opportunity of one month to comply, laid down a mode of service through stamped envelopes, and disposed of the application with liberty to move afresh if the order remained uncomplied with.

Court No. - 36

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1537 of 2020

Applicant :- Naveen Kumar Opposite Party :- Prem Prakash Mida, S.D.M. Counsel for Applicant :- Pankaj Kumar Shukla

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 opposite parties for wilful disobedience of the order dated 7.1.2019 passed in Writ Petition No.8 of 2019 (Naveen Kumar v. State of U.P. & Ors.), which for ready reference is quoted as under:-

"The petitioner has filed an application for cleaning of the drains/nalis. He submits that the application has been filed on 24.4.218 and nothing has been done till date.

Learned Standing Counsel submits that this application shall be decided expeditiously.

It is, therefore, directed that after treating the application to be one under section 26 of the U.P. Land Revenue Act, 1901, the Sub-Divisional Magistrate, Harraiya, District Basti may either himself decide the case or direct some other official designated for this work to decide the same after giving a number to it within a period of one month from the date of presentation of a certified copy of this order.

The writ petition is, accordingly, disposed of."

Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 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 three weeks from today. The office shall send a copy of this order along with the selfaddressed 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 parties within the stipulated time as aforementioned.

Order Date :- 4.3.2020 SP/