Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4039 of 2021 Applicant :- Gangotri Prasad And 4 Others Opposite Party :- Deepak Meena, D.M. Siddharthnagar Counsel for Applicant :- Gauri Shankar Yadav
Hon'ble Prakash Padia,J.
The applicants have preferred the present contempt application for non- compliance and willful disobedience of the judgement and order dated 17.02.2021 passed in Writ Petition No. - 2732 of 2021 (Gangotri Prasad And Others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"The prayer in this petition is to command the respondents to ensure compensation to the petitioner arising out of insurance policy under the Pradhanmantri Fasal Bima Yojna.
Learned Standing Counsel has submitted that if the claim of the petitioner has not yet been decided, the matter can be looked into by the District Magistrate of the district concerned, namely, the respondent no.2.
In view of the above, we deem it appropriate to dispose off this petition by giving liberty to the petitioners to represent their cause to the second respondent (District Magistrate, Siddarth Nagar). In case any such representation is filed, within two weeks from today, the same shall be considered and decided in accordance with law, expeditiously, preferably, within a period of 12 weeks from the date of its filing.
The petition stands disposed off. "
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 six weeks 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