- (1.) S. P. Mehrotra, J. The present Contempt Petition has been filed under Section 12 of the Contempt of Courts Act, 1971. It is, inter alia, prayed that the opposite party be punished for having committed contempt of this Court by flouting the order dated 13-2-1991 passed by this Court in Civil Misc. Writ Petition No. 17959 of 1990, Peetam and others v. The Executive Officer, Municipal Board Auriya, District Etawah and another.
(2.) BY the Order dated 9-3-1995, notice was directed to be issued to the opposite party to show-cause as to why he be not punished for having committed contempt of this Court by flouting the order dated 13- 2-1991 passed in Civil Misc. Writ Petition No. 17959 of 1990. The said Order dated 9-3-1995 is re-produced below: "heard the learned Counsel for the petitioner. Perused the Contempt Petition, affidavit and its annexures. Since I find a prima facie case for the alleged contempt of Court, hence it is ordered. Issue notice to Sri Satish Chandra Tripathi, Executive Officer, Municipal Board, Auraiya, District Etawah, directing him to appear in person on 3-8-1995 or through the learned Counsel stating on oath all the facts as to why he shall not be prosecuted for the alleged contempt of Court for flouting of the Hon'ble Court's order dated 13-2-1991 passed in W. P. No. 17959 of 1990. Respondent is directed to make all endeavour to see that the Hon'ble Court's order has been complied with ". It appears that pursuant to the said Order dated 9-3-1995, notice was issued to the opposite party.
(3.) OFFICE submitted its Report dated 1-8-1995 regarding service of the said notice issued to the opposite party on the contempt petition. The said OFFICE Report dated 1-8-1995 is quoted below: "in view of Court's order doled 9-3-1995. Notice issued to sole Opposite Party fixing 3-8-1995vide Court's letter No. 5854 dated 26-6-1995 has not yet been received back after service. The case is put up for order". In view of the said Office Report dated 1-8-1995, the Court by its Order dated 4-8-1995, inter alia, directed for issuance of reminder fixing 18-9-1995. The said Order dated 4-8-1995 is re-produced below: "issue reminder fixing 18th September, 1995. ";