- (1.) The present Contempt Petition has been filed under Section 12 of the Contempt of Courts Act, 1971, inter-alia, praying for punishing the Opposite Party No. 1 for having committed contempt of this Court by allegedly dis-obeying the order dated 10-1-1994 passed by this Court in Civil Misc. Writ Petition No. 44631 of 1993. By the order dated 16-5-1994 passed on the Contempt Petition, notice was directed to be issued to the Opposite Party No. 1 to show cause as to why she be not punished under the Contempt of Courts Act, 1971 for wilfully dis-obeying the directions contained in the order dated 10-1-1994 passed by this Court in the aforementioned Civil Misc. Writ Petition No. 44631 of 1993. The said order dated 16-5-1994 is reproduced below "Issue notice to Opposite Party No.1 to show cause as to why she may not be punished, under the provisions of Contempt of Court Act for wilfully disobeying the directions contained in the order dated 10-1-1994, passed by this Court in Writ Petition No. 44631 of 1993. The cause may be shown within a month from the date of receipt of service of notice of the Contempt Petition. The notice shall be returnable by 31-8-1994. List on 16-9-94."
(2.) Pursuant to the said order dated 16-5-1994, it appears that notice was issued to the Opposite Party No.1 fixing 16-9-1994. The Office Report dated 15-9-1994 submitted in this regard is quoted below : "In view of Court's order dated 16-5-1994, notice issued to O.P. No.1 fixing 16-9-1994 vide Court's letter No. 1921 dated 9-6-1994 has not been received back after service. The case is put up for orders." By the order dated 6-4-2004, the Office was directed to submit report regarding latest position in respect of service of notice stated to have been issued pursuant to the said order dated 16-5-1994. The said order dated 6-4-2004 is reproduced below : "Office is directed to submit report regarding latest position in respect of service of notice stated to have been issued pursuant to the order dated 16-5-94. List in the next cause list." Pursuant to the said order dated 6-4-2004, the Office submitted its Report dated 27-9-2004, which is as follows : "Pursuant Court's order dated 6-4-2004, it is humbly submitted that notice issued to O.P.No. 1 has not been returned back after service. The case is put up for order."
(3.) From a perusal of the above-quoted Office Report dated 27-9-2004, it appears that the notice issued to the Opposite Party No. 1 pursuant to the said order dated 16-05-1994 has not been returned back after service. In the circumstances, it is not possible for this Court to verify as to whether the notice issued to the Opposite Party No.1, pursuant to the said order dated 16-5-1994, was actually tendered on the Opposite Party No.1 or not.;