Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2609 of 2021 Applicant :- Ajai Kumar Opposite Party :- Shri Manoj Kumar Yadav, Executive Engineer Counsel for Applicant :- Anant Ram Dube
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 04.02.2020 passed in Writ Petition No.3928 of 2020 (Ajai Kumar Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"This writ petition has been filed, inter alia, for the following reliefs:
"i. issue a writ, order or direction in the nature of certiorari quashing the impugned notice/order dated 13.1.2020 (Annexure-1 to the writ petition).
ii. issue a writ, order or direction in the nature of mandamus not to adopt any coercive method against the petitioner to realize Rs.1,43,748/- pursuant to the impugned order dated 13.1.2010 (Annexure-1 to the writ petition)."
Earlier, this Court has passed the following order dated 6.12.2019 in Writ-C No.39055 of 2019 (Ajai Kumar vs. State of UP & 3 others):
"The present writ petition has been filed with the following reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the recovery certificate dated 04.06.2019 (Annexur No. 1 to the writ petition) as well as notice dated 11.01.2019 (Annexure No.4 to the writ petition).
ii. Issue a writ order or direction in the nature of mandamus not adopt any coercive method against the petitioner for realisation of Rs.1,13,748/- pursuant to the recovery certificate (Annexure No.1 to the writ petition).
iii. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
iv. Award the costs to the writ petition to the petitioner".
Learned counsel for the petitioner states that the Executive Engineer, Electricity Distribution Division II, Fatha, Mirzapur, respondent no.2 inspected the house of the petitioner and without any basis Provisional assessment for Rs.1,13,748/- was made and consequently a notice was issued on 11.01.2019 whereby the petitioner was to be present for hearing on 30.12.2018 in the office at 11.00 am. Learned counsel for the petitioner further states that the petitioner has already made a representation/objection before the respondent no.2 but without considering the said representation/objection, impugned recovery certificate dated 04.06.2019 has been issued.
Considering the facts and circumstances of the case, we grant one more opportunity to the petitioner to appear before the respondent no.2 along with a representation/objection on 20.12.2019 at 11.00 am. In case, such a representation/objection is filed within aforesaid period, the respondent no.2 shall endeavour to decide the said representation/objection within a period of four weeks in accordance with law after giving an opportunity of hearing to the petitioner.
For a period of four weeks, no coercive measure shall be taken against the petitioner for realisation of Rs.1,13,748/- pursuant to the recovery certificate. It is further provided that in case, if the petitioner deposits Rs. 25,000/- with the electricity department within a period of 10 days from today, his electricity connection shall be restored in case it has been disconnected.
With the aforesaid observation/direction, the writ petition stands disposed of finally."
Heard learned counsel for the petitioner and Shri Narendra Kumar Tiwari, learned counsel for the respondent.
Learned counsel for the petitioner submits that in compliance with the order of this Court dated 6.12.2019, the petitioner deposited Rs.25,000/- on 18.12.2019 and filed a detailed objection before the respondent No.2 on 20.12.2019. He further submits that the respondent No.2 has passed the impugned order dated 13.1.2020 without fixing any date of hearing, without giving any notice to the petitioner and taking into account the objections filed by the petitioner, therefore, the same is illegal, arbitrary and is liable to be set aside.
A perusal of the impugned order dated 13.1.2020 indicates that the order has been passed mechanically and casually without discussing the objections dated 20.12.2019, filed by the petitioner. Therefore, the impugned order dated 13.1.2020 and the consequential recovery cannot be sustained and the same are hereby quashed.
However, the respondent No.2-Executive Engineer, Electricity Distribution Division-II, Fatha, Mirzapur, is granted liberty to pass a fresh, reasoned and speaking order after giving opportunity of hearing to the petitioner and considering the objections so raised by the petitioner.
In view of the above, the writ petition is allowed."
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 two 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 :- 27.7.2021 saqlain