Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4859 of 2021 Applicant :- Arvind Kumar Rai Opposite Party :- Shri Prem Chandra Srivastava, Tehsildar, Counsel for Applicant :- Chandra Kumar Rai
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 31.08.2020 passed in Writ C No.12873 of 2020 (Arvind Kumar Rai Vs. State of U.P. and 2 Others), which for ready reference is quoted as under:-
"Heard the counsel for the petitioner.
The present writ petition has been filed by the petitioner praying for a writ of mandamus directing the Tehsildar, Ghosi, District Mau, i.e., respondent no. 2 to decide Case No. 500 of 2016 (Computerized Case No. T2016155102500) filed under Section 34 of the Uttar Pradesh Revenue Code, 2006 pending in the court of Tehsildar, Ghosi, District Mau.
The Tehsildar, Ghosi, District Mau, i.e., respondent no. 2 is directed to decide the aforesaid case expeditiously, within a period of six months from the date a copy of this order is produced before him, in case, there is no legal impediment in deciding the aforesaid case.
It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioner.
With the aforesaid direction, 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 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 two months 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