Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4043 of 2021 Applicant :- Chandra Bhan Gupta And Another Opposite Party :- Shri Arvind Kumar, Addl. Principal Secretary, Up Industrial Devp.
Counsel for Applicant :- Uma Nath 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 18.04.2019 passed in Writ Petition No. - 13549 of 2019 (Chandra Bhan Gupta And Another Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard Sri Uma Nath Pandey, learned counsel for the petitioner, Sri Bhanu Bhushan Jauhari, learned counsel who has filed his vakalatnama on behalf of the respondents no. 2 and 3 and learned Standing Counsel for the respondent no.1.
The petitioner in the writ petition is seeking quashing of the demand notice dated 12.9.2013 and 02.08.2017. Learned counsel for the petitioner submits that he has preferred revision before the Principal Secretary, U.P. Industrial Development on 20.12.2018 by the registered post of the same date.
No useful purpose would be served in keeping the petition pending.
The writ petition is disposed of with a direction to the respondent no.1-Principal Secretary, U.P. Industrial Development, Lucknow to decide the petitioner's application dated 20.12.2018, Anneuxre-19 to the writ petition, in accordance with law, expeditiously preferably within a period of three months from the date of receipt of a certified copy of this order in his office.
Along with the certified copy of this order, the petitioner shall also provide a copy of the application dated 20.12.2018 to the Respondent no.1.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit."
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 certified 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 :- 24.9.2021 saqlain