Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2595 of 2021 Applicant :- B.D. Buddha Shikshan Sansthan Anusuchit Prathmik Vidyalaya Opposite Party :- Shree Ashish Goel Counsel for Applicant :- Pankaj Srivastava
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 18.11.2019 passed in Writ Petition No.35586 of 2019 (B.D. Buddha Shikshan Sansthan Anusuchit Prathmik Vidyalaya Vs. State of U.P. & others). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to the respondents to bring the institution in question under the Grant-in-aid of the State Government. It is contended that in this regard the petitioner has also moved an application on 9.10.2019 before the respondent no.4 and the same may be directed to be decided within stipulated period.
Considering the facts and circumstances, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the fourth respondent to look into the grievance of the petitioner and take a final call in the matter in accordance with law and if he finds the matter suitable, the same may be referred to the Director, Basic Education, Prayagraj for doing the needful in the matter. The entire exercise is to be done within three months from the date of production of certified copy of this order."
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 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 parties to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
The applicant is directed to submit a copy of this order along with a copy of the order passed by the Writ Court before the opposite party or the person who joined the post in question within a period of two weeks from today. The applicant shall also supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
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 parties 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 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 :- 28.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.28 16:49:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad