Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4847 of 2021 Applicant :- Kailash Kumar Opposite Party :- Sri Rajesh Kumar Tyagi, Secretary, Real Estate Regulatory Authority Counsel for Applicant :- Prem Prakash Yadav,Brijesh Kumar
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 22.03.2021 passed in Writ Petition No. 9877 of 2021 ( Kailash Kumar Vs. The Secretary Of Uttar Pradesh Real Estate Regularity Authority & others). The aforesaid order is quoted as under:-
"Heard Sri Prem Prakash Yadav, learned counsel for the petitioner, Sri Wasim Masood for RERA and the learned Standing Counsel.
The case of the petitioner, a home buyer, is that even though his claim has been decreed by RERA on 5.2.2019, but till date neither the decreed amount has been paid nor the possession of the flat delivered.
Shri Wasim Masood, learned counsel for the Authority states that no useful purpose would be served by keeping this petition pending it be disposed of by giving appropriate direction to the authority concerned.
This writ petition is disposed of with a direction to the competent authority that the pending execution in Case no. 5201811248 be taken to its logical conclusion, as expeditiously as possible, preferably within three months from the date of production of a copy of this order.
Compliance report be submitted before us in chambers on 5.07.2021."
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 in its letter and spirit 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 :- 29.10.2021 saqlain