Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4812 of 2021 Applicant :- Javed Alam And 3 Others Opposite Party :- Shri Raghvendra Mani Counsel for Applicant :- Mohammad Waseem
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 19.12.2019 passed in Matters Under Article 227 No. 10007 of 2019 (Javed Alam And Others Vs. Additional Judge Small Cause Court Varanasi And Others ). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner.
Present petition has been filed with a prayer that the learned Additional Judge, Small Causes Court, Varanasi be directed to decide the SCC Suit No. 55 of 2008 (Hazi Abdul Wali (since deceased) and others Vs. Hazi Abdul Slam (since deceased) & others) within stipulated period.
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the learned Additional Judge, Small Causes Court, Varanasi to expedite the hearing of the aforesaid case and decide the same, in accordance with law, expeditiously, preferably within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment. If any adjournment is granted, the Court shall record the reasons."
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 and considering the facts and circumstances of the case, this contempt application is disposed granting one more opportunity to the opposite party to comply with the order of the Writ Court at the earliest and without any further delay.
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.
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