Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2192 of 2020 Applicant :- Abhay Raj Singh Opposite Party :- Vivek Chaturvedi, S.D.M./Assistant Collector Phoolpur Counsel for Applicant :- Vijay Kumar Ojha
Hon'ble Prakash Padia,J.
Impleadment application supported by affidavit filed today is taken on record.
Order on Impleadment Application No.Nil of 2021 It is stated in the impleadment application that Vivek Chaturvedi, S.D.M.
/Assistant Collector Phoolpur, District Prayagraj has been transferred and in his place Sri Yuvraj Singh has been taken charge as S.D.M. /Assistant Collector Phoolpur, District Prayagraj and prays that in the change circumstances, the impleadment application be allowed.
In view of the averments made in the impleadment application, the impleadment application is allowed.
Counsel for the application is permitted to implead Sri Yuvraj Singh as S.D.M. /Assistant Collector Phoolpur, District Prayagraj in place of Ram Pal Singh in Vivek Chaturvedi, S.D.M. /Assistant Collector Phoolpur, District Prayagraj during the course of the day.
Order on the Contempt Application 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 10.01.2011 passed in Writ Petition No. 933 of 2011 (Abhay Raj Singh Vs. Sub Divisional Magistrate Phoolpur, District Prayagraj & others). The aforesaid order is quoted as under:-
"Heard learned counsel for the parties.
The grievance of the petitioners is that despite there being valid allotment in favour of the petitioners they have not been put into possession. It is further submitted that earlier the petitioners had approached this Court by way of Writ Petition No.5215 of 2002 which was disposed of vide order dated 2.5.2002 with the directions to the Assistant Collector to pass appropriate orders on the application of the petitioners under Section 122 D(1) of the U.P. Zamindari Abolition and Land Reforms Act. Pursuant to the said directions issued by this Court the application of the petitioners was disposed of vide order dated 1.8.2002 by the Assistant Collector holding that the petitioners were entitled to be put into possession. The contempt petition filed by the petitioners was dismissed on the ground that the Assistant Collector had already decided the application of the petitioners pursuant to the directions of this Court. It is submitted that despite the same petitioners have not been put into possession.
Considering the facts and circumstances of this Court, this petition is disposed of with the direction to the Deputy Collector, Phoolpur, Allahabad to ensure that the petitioners be put into possession provided that there is no other legal impediment within a period of two months from the date of production of certified copy of this order. The Deputy Collector, Phoolpur, Allahabad will ensure that under law petitioners are entitled to be put into possession and that there is no order of injunction from any Court in favour of any third party with regard to the land in dispute."
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 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 three months from the date of production of a 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 two weeks from today. The office shall send a copy of this order along with the self-addressed 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.
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 :- 26.10.2021 saqlain