Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4809 of 2021 Applicant :- Harihar Yadav Opposite Party :- Mr Ashutosh Niranjan Counsel for Applicant :- Ashok Kumar Yadav
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 18.12.2020 passed in Public Interest Litigation No. 1648 of 2020 ( Harihar Yadav Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"This petition for writ is preferred to have an appropriate order or direction for the respondents to open eastern gate of Diggeshwarnath Temple situated in Nagar Panchayat Majhauli Raj, Tehsil Salempur, District Deoria.
The submission of learned counsel appearing on behalf of petitioner is that eastern gate of the temple is situated on path way having interlocking tiles. The respondents for no reasons are not opening the gate and this cause huge inconvenience to the public at large that desired to visit the temple.
Having considered the nature of issue sought to be agitated, we deem it appropriate to get the same raised before the District Magistrate, Deoria, who is the authority competent to look into all administrative as well as executive matters.
The writ petition is disposed of accordingly giving liberty to the petitioner to raise the issue before the District Magistrate, Deoria.
The petitioner, if submit any grievance in this respect before the District Magistrate, Deoria, same shall be considered objectively."
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 two months 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