Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4827 of 2021 Applicant :- Ashok And 6 Others Opposite Party :- Somesh Pandey Counsel for Applicant :- Ram Kirit Singh
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 16.08.2021 passed in Writ B No. 1280 of 2021 (Ashok and 6 Others Vs. State of U.P. & Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners, learned Standing Counsel representing the respondent nos.1 to 3 and perused the record.
Present writ petition has been filed beseeching early disposal of Case no.939 filed under Section 9A (2) of the U.P. Consolidation of Holdings Act, 1953 (Basanta and others vs. Bilago and others) pending in the Court of the Consolidation Officer, Tehbarpur, Azamgarh (respondent no.3).
It is submitted by learned counsel for the petitioners that in pursuance of order dated 19.12.2017 (Annexure-3) passed by the Settlement Officer of Consolidation, Azamgarh (in brevity 'S.O.C.') (respondent no.2), the matter has been remitted before the C.O. to decide the case filed under section 9A (2) of the U.P.C.H. Act, afresh after giving opportunity of hearing to the parties. It is further submitted that after the remand order dated 19.12.2017, matter is pending protracted without any fruitful step to get it finally decided.
Learned Standing Counsel has no objection, if this Court issues direction for early disposal of the case, which is pending disposal before the authority concerned.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to the C.O. (respondent No.3), before whom the Case no.939 filed under Section 9A (2) of the U.P.C.H. Act is pending disposal, to decide the same expeditiously, preferably, within a period of three weeks from the date of receipt of a copy of this order.
It is expected that it should be decided by reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
The petitioners shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad, supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observations, present 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 three 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 :- 28.10.2021 Swati