Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3975 of 2021 Applicant :- Brij Lal And Another Opposite Party :- Sukhveer Singh, Sub Divisional Magistrate Counsel for Applicant :- Bashisth Narain Pandey
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 15.06.2021 passed in Writ C No.7767 of 2021, which for ready reference is quoted as under:-
"Learned counsel for the petitioners could not join the link provided.
We have gone through the petition with the assistance of learned Standing Counsel.
The only prayer made in the petition is to issue writ of mandamus directing the respondent no. 2 to decide the representation dated 21..1.2021 (Annexure No. 6) pending before him.
Regard being had to the facts of the case, present petition is disposed of with a direction to the respondent no. 2 to consider the representation dated 21.1.2021 made by the petitioners and decide the same as expeditiously as possible, preferably within eight weeks from today. It is made clear that we have not gone into the merits of the case. The authorities shall decide the matter in accordance with law after affording opportunity of hearing to the concerned parties."
Learned counsel for the applicants 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 six weeks from the date of production of a copy of this order.
The applicants 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 applicants 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 applicants 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 applicants 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 petitioners 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