Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2628 of 2021 Applicant :- Ahibaran Singh Opposite Party :- Renuka Kumar, Principal Secretary/Additional Chief Secretary Revenue Department Counsel for Applicant :- Syed Wajid Ali
Hon'ble Prakash Padia,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 12.10.2020 passed in Writ Petition No.8413 of 2020 (Ahibaran Singh Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard the counsel for the petitioner and the Standing Counsel for the State.
The present writ petition has been filed by the petitioner praying for a writ of mandamus commanding the Principal Secretary (Revenue), Lucknow, i.e., respondent No. 1 to decide the appeal dated 18.6.2019 filed by the petitioner challenging the order of termination dated 30.82018 passed against the petitioner.
The Principal Secretary (Revenue), Lucknow, i.e., respondent No. 1 is directed to decide the aforesaid appeal expeditiously preferably within a period of three months from the date a copy of this order is produced before him in case there is no legal impediment in deciding the aforesaid appeal.
With the aforesaid direction, the writ petition is disposed of.
It is clarified that the Court has not expressed any opinion regarding the claim of the petitioner.
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 one month 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 :- 29.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.30 15:19:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad