Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4834 of 2021 Applicant :- Smt Anara Devi Opposite Party :- Sri Ajeet Kumar Singh Counsel for Applicant :- Sanjay Vikram Singh,Praveen Kumar
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 05.08.2021 passed in Writ C No. 17586 of 2021 (Smt. Anara Devi Vs. State of U.P. and 3 others), which for ready reference is quoted as under:-
"We have heard learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.
The prayer in this petition is to command the third and fourth respondent to comply with the endorsement dated 1.8.2020 made by the Sub Divisional Magistrate, Phoolpur, District - Prayagraj on the report submitted by the Sub Inspector of the police station concerned.
It appears that in respect of blockage of 'Rasta', a complaint was made by the petitioner on which the police submitted a report on which the Sub Divisional Magistrate made an endorsement marking it to the Tehsildar/SHO concerned for appropriate action.
Under Section 26 of the U.P. Revenue Code, 2006, the Tehsildar upon finding that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water-course or source of water, may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary.
As we find from the record that some endorsement has been made by the Sub Divisional Magistrate, Phoolpur, District - Prayagraj requiring the Tehsildar/SHO concerned to take appropriate action, we dispose of this petition by directing that the third respondent shall bring those proceedings to its logical conclusion in accordance with law, after giving opportunity of hearing to the parties affected, expeditiously preferably within a period of six weeks from the date of production of a copy of this order in his office. "
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