Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2733 of 2021 Applicant :- Deepak Kumar Seth Opposite Party :- Kaushal Raj Sharma,Collector D.M. And Another Counsel for Applicant :- Shams Tabrez Ali
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 party for wilful disobedience of the judgement and order dated 18.02.2021 passed in Writ Petition No.26931 of 2020 (Deepak Kumar Seth Vs. State of U.P. and others).
"Heard learned counsel for the petitioners and learned Standing Counsel for the contesting respondents.
By way of the instant petition, prayer has been made to issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to decide the objection/application dated 06.01.2017 (Annexure No.7) and application dated 09.05.2020 and dated 30.9.2020 (Annexure No.10 and 12) by reason and speaking order within a time bound schedule as may be fix by the Hon'ble Court.
Learned counsel for the petitioner submits that an objection/application for his grievances has already been moved by the petitioner on 06.01.2017 and 09.05.2020 before respondent no.3 and respondent no.2, respectively, which are pending disposal as yet.
Learned Standing Counsel states that no useful purpose would be served by keeping this writ petition pending and same be disposed of by giving appropriate direction to the respondent concerned It is directed that the aforesaid objection/application shall be duly considered by respondent nos. 2 and 3 as the case may be provided a copy of this order is produced before the aforesaid respondents within a period of three weeks from today and the same shall be disposed of by reasoned and speaking order within one month next after presentation of certified copy of this order.
With the aforesaid direction, the instant petition is disposed of."
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 one month 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 :- 29.7.2021 saqlain