Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 72 of 2019 Applicant :- Abdul Rahman Opposite Party :- Arvind Malappa Bangari, District Magistrate And Another Counsel for Applicant :- Sudeep Dwivedi
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and perused the record.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgment and order dated 30.8.2018 passed in Writ Petition No.4257 of 2018 (Abdul Rahman Vs.State of U.P. and others).
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 Bhaskar