Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4252 of 2021 Applicant :- Jai Prakash Govind And Another Opposite Party :- Ahmad Fareed Khan, Tehsildar Counsel for Applicant :- Manish Gupta
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 06.01.2020 passed in Writ Petition No. 43100 of 2019 (Jai Prakash Govind And others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioners and Shri Upendra Kumar Tripathi for the Gaon Sabha as also learned Standing Counsel.
By means of this writ petition, the petitioner seeks the following relief:-
"(I) Issue a writ order or direction in the nature of mandamus commanding the respondents particularly respondent no.2 & 3 to ensure the necessary correction in the revenue record in view of the order dated 10.06.2009 passed by Prescribed Authority/Additional Collector (Finance and Revenue) Kushinagar in objection no. 446 under Section 11(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960."
In my considered opinion, in case an order has been passed in favour of the petitioner by the Prescribed Authorities/Additional Collector (Finance and Revenue) Kushinagar, is to be implemented in the revenue records, the remedy is by means of a proceeding under Section 38 of the U.P. Revenue Code, 2006 for correction of papers.
The petitioner, in case, so advised may avail this remedy for redressal of his grievance.
Under the circumstances, this writ petition is disposed of with the observation that in case an appropriate application under Section 38 of the U.P. Revenue Code, 2006 for correction of papers is filed by the petitioner within a period of three weeks from today, it is expected that the same shall be dealt with and taken to its logical conclusion expeditiously and preferably within a period of three months, thereafter. "
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.
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 :- 25.10.2021 saqlain