Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3134 of 2021 Applicant :- Brijwasi Prasad Pandey Opposite Party :- Sri Amit Shukla Sub-Divisional Magistrate Lalganj District Counsel for Applicant :- Mohd. Shahanshah Khan
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 11.06.2020 passed in Writ C No.9254 of 2020 (Brijwasi Prasad Pandey Vs. State of U.P. and 3 Others). The order is reproduced hereinbelow :-
"Mohd. Shahanshah Khan, learned counsel for the petitioner and Sri S.P. Singh, learned Standing Counsel for the State-respondents.
According to the petitioner, order dated 20.1.2020, passed by the Sub Divisional Magistrate, has not been executed. Learned counsel submits that repeated directions have been issued by the SDM to the police for executing the order but yet nothing has been done and the petitioner has been harassed.
This Court cannot sit as the executing court of the order passed by the SDM. If the petitioner has any grievance, he may file appropriate application before the SDM.
Needless to state, if any application is filed, the competent authority to act in accordance with law.
The petition is, accordingly, 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 petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) 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."
It is argued that though the aforesaid order is duly communicated by the applicant before the opposite party but till date no decision has been taken on the same.
Heard counsel for the applicant and perused the record.
In the facts and circumstances of the case, the present contempt petition is disposed of finally directing the opposite party to comply with the order passed by writ court most expeditiously and preferably within a period of two months from the date of presentation of copy of this order.
It is made clear that the applicant has a liberty to approach this Court, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 13.8.2021 Swati Digitally signed by Justice Prakash Padia Date: 2021.08.13 15:31:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad