Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4806 of 2021 Applicant :- Deepak Joshi Opposite Party :- Mr Suhas Lalinakere Yathiraj Counsel for Applicant :- Sangam Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 22.07.2021 passed in Writ Petition No. 11317 of 2021 (Deepak Joshi Vs. State of U.P. & others). The aforesaid order is quoted as under:-
"Heard Sri Sangam Singh learned counsel for the petitioner and Sri Wasim Masood has put in appearance on behalf of respondent- RERA. Sri Ashutosh Sharma learned counsel for the petitioner in the connected petition has put in appearance on behalf of respondent no.4.
The prayer in the writ petition is as follows:-
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to execute the recovery citation dated 10.01.2020 issued by the respondent no.3 expeditiously as possible within a time framed as stipulated by this Hon'ble Court."
The contention of the learned counsel for the petitioner is that though the recovery citation dated 10.01.2020 has been issued by the Secretary, RERA in compliance of the order of determination done by RERA but the same has not been executed at the ends of the District Magistrate, Gautam Buddh Nagar.
Only prayer made in the present petition is to issue a direction to the District Magistrate, Gautam Buddha Nagar to proceed for recovery of the amount on the recovery certificate dated 10.01.2020.
Considering the said prayer, having notice the submission of Sri Ashutosh Sharma learned counsel in the connected writ petition that the order passed by RERA dated 06.03.2019 has not been challenged in appeal under Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016, we find that the recovery certificate issued by the Secretary RERA is to be pursued at the ends of the respondent no.2.
For the aforesaid, the writ petition is disposed of with the direction to the respondent no.2- District Magistrate, District-Gautam Buddha Nagar to proceed with the recovery pursuant to the recovery certificate dated 10.01.2020 against the respondent no.4 and conclude the proceedings, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order."
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 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 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.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant 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 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 :- 28.10.2021 saqlain