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Awadhesh Kumar Patel vs Manish Kumar Verma,Dm

High Court Of Judicature at Allahabad|16 August, 2021

JUDGMENT / ORDER

The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 19.05.2017 passed in Writ C No.22066 of 2017. The aforesaid order is quoted below:-
"Petitioner claims that the licence document was issued to him vide order dated 30.9.2013/6.11.2013. However, the same had not been actually given to him and, therefore, he could not purchase the fire arm within a stipulated time. In the above regard, petitioner appears to have moved an application dated 1.3.2017 before the District Magistrate, Jaunpur.
In case, it is found that the fact by the District Magistrate, Jaunpur that the fire arms licence dated 30.9.2013/6.11.2013 had not been handed over to the petitioner at the relevant time and had been handed over to him later, the aforesaid application of the petitioner may be considered on merits by passing appropriate orders on the petitioner's application dated 1.3.2017 computing the time of two years from the date of communication of the licence to the petitioner.
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 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 :- 16.8.2021 Pramod Tripathi
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Title

Awadhesh Kumar Patel vs Manish Kumar Verma,Dm

Court

High Court Of Judicature at Allahabad

JudgmentDate
16 August, 2021
Judges
  • Prakash Padia