Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3947 of 2021 Applicant :- Bindu Opposite Party :- Mr. Pawan Kumar Singh Yadav Presently Posted At The Post Of Tehsildar Counsel for Applicant :- Kailash Nath
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 01.12.2020 passed in Writ C No.19627 of 2020. The aforesaid order is quoted below:-
Heard Sri Krishna Kant Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this petition under Article 226 of the Constitution, the petitioner has prayed for following relief no. (A) as substantial relief:
"(A) issue a writ, order or direction in the nature of mandamus direct to the respondent no. 2 Tehsildar (Judicial) Tehsil Phoolpur, Azamgarh to decide the Case No. 386 of 2008 under Section 34 L.R. Act (Bindu Vs. Leelawati) within stipulated period as fixed by this Hon'ble Court."
Learned Standing Counsel has no objection in case if an appropriate direction is issued for expeditious disposal of the pending case in a time bound period strictly in accordance with law and by fully complying with the procedure prescribed for under the relevant Act and the Rules.
In view of the above, writ petition is disposed of with a direction to the respondent no. 2 to consider and decide the petitioner's aforesaid case as expeditiously as possible preferably within a period of four months from the date of production of copy of this order.
It is clarified that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which other pending proceedings, if any, have been expedited by this Court in the past.
The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority.
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 :- 23.9.2021 Pramod Tripathi