Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3118 of 2021 Applicant :- Arun Kumar Yadav And Another Opposite Party :- Sri Abhishek Kumar Rai,Tehsildar And Another Counsel for Applicant :- Ravindra Nath Yadav,Abhishek Kumar Yadav
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 28.09.2020 passed in PUBLIC INTEREST LITIGATION (PIL) No. - 948 of 2020 (Arun Kumar Yadav And Another Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard the counsel for the petitioners.
The petitioners have approached this Court praying for a writ of mandamus directing the respondent authorities to remove the illegal encroachments made by respondent nos. 6 to 18 over Khasra Plot Nos. 335, 331 and 140, which the petitioner alleges to be Gaon Sabha property.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioners may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioners after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioners. In case, the allegations of the petitioners are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month, thereafter, unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioners in the present writ petition.
With the aforesaid directions, the writ petition is disposed of. "
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 for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 two months from the date of production of a certified copy of this order.
Accordingly, the present contempt application is disposed of.
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 :- 12.8.2021 saqlain