Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3098 of 2021 Applicant :- Hajari Lal And Another Opposite Party :- Sri Sanjay Kumar Khatri, Divisional Magistrate Counsel for Applicant :- Santosh Kumar Yadav
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 27.01.2021 passed in Writ Petition No. - 27686 of 2020 (Hajari Lal And Another Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Petitioners, namely, Hajari Lal and Smt. Vijay Laxmi are senior citizen having age of 80 years and 75 years respectively and are complaining before this Court that they are victim of criminal activities carry on by their son and daughter-in-law and at this juncture of life adequate protection be accorded to them so that they can live peacefully.
It has also sought to be contended that the Central Government has enacted Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "Act 2007")with an object to provide for more effective provisions for the maintenance and welfare of Parents and Senior Citizens. Section 22 of the Act 2007 confers such powers on the District Magistrate concerned, as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits, within which such powers or duties shall be carried out by the officer as may be prescribed. The State Government as per provisions contained under Section 32 of the Act 2007 framed the rules known as "Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014", wherein, Chapter V deals with the duties and power of the District Magistrate. From a simple reading of the rule, it is evident that the State Government has empowered the District Magistrate concerned to exercise his power under the Act.
In the facts and circumstances, we are of the considered opinion that it is paramount duty of the State to protect the life and property of the Senior Citizens and in view of this, we are also of the considered opinion that the Authority concerned is to look into the grievance of the petitioners and remedied the situation as per law.
Consequently, we proceed to pass an order asking the District Magistrate, Prayagraj to look into the grievance of the petitioners and take appropriate decision in accordance with law, preferably within three weeks from the date of receipt of a copy of this order but certainly after hearing the view point of the son and daughter-in-law.
With the aforesaid direction, the writ petition in question stands 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 petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
It appears from perusal of the record that a copy of the aforesaid order was never served by the applicant in the office of the opposite party as arrayed in the present contempt application.
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. In this view of the matter, considering the facts and circumstances of the case, applicant is permitted to serve a copy of the aforesaid order upon the opposite party along with a copy of this order within a period of ten days from today. If the aforesaid orders have been served upon the opposite party, the opposite party shall comply with the aforesaid orders within three weeks from the date of production of aforesaid orders upon him.
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 :- 12.8.2021 saqlain