Heard learned counsel for the applicant and Sri K.R. Singh, learned Additional Chief Standing Counsel for opposite party.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 03.03.2020 passed in PUBLIC INTEREST LITIGATION (PIL) No. - 459 of 2020 (Dashrath Yadav Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
By means of this writ petition, petitioner has prayed for the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondents no. 2, 3 & 4 to remove the encroachment made by respondent nos. 6 to 11 over the Arazi No. 143 area 0.0530 hectare (Rasta), Arazi No. 144 Area 0.0220 hectare (Khalihan) and Arzi No. 148 Area 0.1540 hectare (Pond) Arazi No. 149 Area 0.4090 hectare (Bhita) situated in Village Madankol, Post Gudbadi Rohsa, Pargana Anguli, Tehsil Shahganj, District Jaunpur which is recorded as Chak Marg, Khalihan, Pond and Bhita in revenue record.
(ii) Issue a writ, order or direction in the nature of mandamus directing respondent nos. 2, 3 7 4 to remove the illegal constructions made by the respondents no. 6 to 11 over the Arzi No. 143 area 0.0530 hectare (Rasta), Arazi No. 144 Area 0.0220 hectare (Khalihan) and Arzi No. 148 Area 0.1540 hectare (Pond) Arazi No. 149 Area 0.4090 hectare (Bhita) situated in Village Madankol, Post Gudbadi Rohsa, Pargana Anguli, Tehsil Shahganj, District Jaunpur.
It is contended by learned counsel for the petitioner that private respondents have encroached upon lands which are recorded as Chak Marg, Khalihan, Pond and Bhita in revenue records. It is further submitted that proceedings under Section 67 of the UP Revenue Code, 2006 have been initiated against the private respondents and the matter is still pending, hence the only prayer of petitioner is for early disposal of the said proceedings.
Under the circumstances, this writ petition is disposed of directing the Tehsildar, respondent no. 4 to conclude the proceedings under Section 667 of the UP Revenue Code, 2006 expeditiously and preferably within a period of three months from the date a certified copy of this order is filed 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.
Pursuant to the order of the writ court, affidavit of compliance has been filed. It is stated in paragraph 9 and 10 of the compliance affidavit that due to Covid-19, the order of the writ Court could not be complied with.
Heard learned counsel for the parties and perused the record.
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 three 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 :- 18.8.2021 saqlain