Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4434 of 2021 Applicant :- C/M Sarvodaya Mandal Baranpur Opposite Party :- Sri Abhinav Kannoujiya, Up -Ziladhikari Counsel for Applicant :- Hari Prasad Pandey
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 19.12.2018 passed in Matters Under Article 227 No. 140 of 2018 (C/M Sarvodaya Mandal Baranpur and others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Learned counsel for the petitioner states he has tried to serve notice of this petition being taken up as unlisted today to Shri Syed Sadar Ali Kajmi, learned counsel for the respondents but he refused to accept the same.Copy of the notice produced in the court which is taken on record.
List of the additional cause list has been revised.No one appears on behalf of the respondents.
Heard learned counsel for the petitioners.
This petition has been filed with the prayer to set aside the preliminary order dated 17.6.2015 under section 145 Cr.P.c. and the order dated 17.6.2015 under section 146(1) Cr.P.c. passed by Sub-Divisional Magistrate, Koraon Allahabad as well as order dated 20.11.2017passed by the Additional District Judge, Vth Allahabad.
The submission is that civil suit is pending and the order of status quo protecting the interest of the parties has already been passed, even then the Magistrate concerned has proceeded with the case.In view of the fact that yet only the preliminary order dated 17.6.2015 has been passed under section 145 Cr.P.c.the proceedings under section 145 Cr.P.c. are yet to be decided, no interference is called for.
The petition is disposed of directing the Magistrate concerned to conclude the proceedings under section 145 Cr.P.c. within two months, after affording opportunity of hearing and evidence to the parties, from the date of filing of the certified copy of this order before him "
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 and considering the facts and circumstances of the case, this contempt application is disposed directing the opposite party to comply with the order of the Writ Court at the earliest and without any further delay.
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.
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 :- 25.10.2021 saqlain