Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4069 of 2021 Applicant :- Smt. Anita Opposite Party :- Rampal Singh, D.M. / Nodal Officer, Kanpur Nagar Counsel for Applicant :- Vidya Kant Shukla Counsel for Opposite Party :- Siddarth Jaiswal
Hon'ble Prakash Padia,J.
Heard counsel for the applicant and Shri Vidya Kant Shukla, learned counsel appearing on behalf of insurance company.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 21.01.2021 passed in Writ C No. 26038 of 2020 (Smt. Anita Devi Vs. State of U.P. and 2 others), which for ready reference is quoted as under:-
"The case of the petitioner is that the respondent No.3 arbitrarily rejected the claim of the petitioner under Mukhya Mantri Kisan Evam Sarvahit Bima Yojana on the ground that it was filed beyond the period of limitation.
It has been submitted that in Writ C No. 15983 of 2020, a division bench of this court, vide order dated 11.11.2020, has taken a view that for insurance claim the limitation should be taken as 3 years.
Learned Standing Counsel, who represents the respondents 1 and 2, has submitted that the grievance of the petitioner can be addressed by the 2nd respondent with reference to the District Level Committee and, therefore, the petitioner may make a representation before the second respondent in respect of her grievance.
In view of the above, we deem it appropriate to give liberty to the petitioner to file a comprehensive representation before the second respondent (District Magistrate/Nodal Officer, Kanpur Nagar) in respect of her claim under Mukhya Mantri Kisan Evam Sarvahit Bima Yojna.
If any such representation is filed, within two weeks from today, the second respondent shall, after giving opportunity of hearing to the parties concerned including the third respondent (the Oriental Insurance Co. Ltd), take appropriate decision, preferably, within next eight weeks, in accordance with law.
The petition is disposed off.
It is made clear that we have not pressed any opinion on the merits of the claim. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within four weeks from the date of production of a copy of this order.
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 party 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 along-with 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 :- 29.10.2021 Swati