Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2613 of 2021 Applicant :- Ajay Kumar Opposite Party :- Sri Wagish Kumar Shukla, S.D.M. Sadar Counsel for Applicant :- Pawankumar Dubey
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 04.02.2021 passed in Writ Petition No.3506 of 2021 (Ajay Kumar Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Sri Pawan Kumar Dubey, learned Counsel for the petitioners and learned Standing Counsel for State respondents.
The preset writ petition has been filed for issuance of a direction to the Sub-Divisional Magistrate, Sadar, District Azamgarh, respondent no.2 to decide the Case No.T201815060108688 (Ajay Kumar Vs. Gram Sabha and others), under Section 24 of U.P. Revenue Code, 2006 within stipulated time.
It is contended by learned Counsel for the petitioner that the petitioner has filed the aforesaid case on 22.04.2018 before the respondent no.2, which has not been decided till date.
Learned Standing Counsel submits that he has no objection in case direction is issued to concerned authority to consider the grievance of the petitioner within stipulated period.
No useful purpose would be served by keeping this writ petition pending or calling for counter affidavit.
Under these circumstances, the writ petition is disposed of with a direction to the Sub-Divisional Magistrate, Sadar, District Azamgarh, respondent no.2 to decide the Case No.T201815060108688 (Ajay Kumar Vs. Gram Sabha and others), under Section 24 of U.P. Revenue Code, 2006 as expeditiously as possible, preferably within a period of four months from the date of production of a computerized copy of this order.
The Writ Petition is, accordingly, disposed of. No Costs.
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 act accordingly without waiting for submission of the certified copy of this order."
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