Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2709 of 2021 Applicant :- Shri Bablu Kumar Opposite Party :- Mr J.P. Singh Executive Engineer Counsel for Applicant :- Surendra Kumar Tripathi
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 21.01.2021 passed in Writ C No. 27611 of 2020 (Shri Bablu Kumar Vs. State of U.P. & 4 Others). The operative portion of the order is reproduced below:-
"In the facts and circumstances, no useful purpose would be served by keeping this petition pending and with the consent of the parties, the writ petition is disposed of with a direction that if the petitioners approach the competent authority along with a copy of this order, the said authority shall pass appropriate order relating to issuance of 'NOC', in accordance with law, as expeditiously as possible and preferably within a month from the date of receipt of this order ignoring the orders impugned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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 Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. "
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 wilfully 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 four 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 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 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 :- 28.7.2021 Swati