Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4838 of 2021 Applicant :- Bhimsen Opposite Party :- Shri Ratnesh Tripathi Counsel for Applicant :- Bashisth Narain Pandey
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 15.06.2021 passed in Public Interest Litigation No. 847 of 2021 (Bhimsen Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"This petition has been filed with the allegation that Gata No. 281, situated in Village Kakraha, Tappa Ajao, Pargana Mahuli Purab, Tehsil Dhangata, District Sant Kabir Nagar, although is recorded in revenue record as Chakroad but the same has been encroached upon by the private respondents and the authorities are not taking any action in the matter despite repeated representations made in that regard.
I have heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 and Sri Pankaj Kumar for respondent no. 3 Gaon Sabha.
Considering the nature of order proposed to be passed, notices need not be issued to respondent nos.4 and 5 and petition is disposed of at the admission stage itself.
Although it is alleged that the authorities have been informed about the alleged encroachment but there is nothing on record to show that the competent authority in terms of Section 26 of the U.P. Revenue Code, 2006 has been approached for removal of encroachment from the public utility land.
In the facts and circumstances of the case, it would be appropriate to permit the petitioner to represent his grievance before the respondent no. 2, annexing therewith all materials in support of his claim alongwith copy of this order, within a period of four weeks from today. The Tehsildar concerned shall issue notice to respondent nos. 4 and 5 and after holding appropriate inquiry, as is contemplated under the act and the rules, shall pass needful orders within further period of three months, thereafter. The concerned authority ensure that public passage/ road is restored after removal of encroachment. An opportunity of hearing shall be given to the alleged encroachers before proceeding against them in the matter. This petition is according disposed off.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the 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 shall 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 :- 29.10.2021 saqlain