Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4720 of 2021 Applicant :- Kanhaiya Lal Yadav Opposite Party :- Mr. Kaushal Raj Sharma, District Magistrate Counsel for Applicant :- Majahar Ali
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 15.06.2021 passed in Writ Petition No. 7443 of 2021 ( Kanhaiya Lal Yadav Vs. State of U.P. & another). The aforesaid order is quoted as under:-
" Learned counsel for the petitioner could not join the link provided to him. Presence of counsel for the State is recorded.
Petitioner has preferred this petition seeking following main relief :
?(A) To issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.2 to decide the representation/application of the petitioner dated 14.08.2020 time being in force pending before respondent no.2.?
The aforesaid prayer is allowed. The petitioner's representation dated 14.08.2020 shall be decided by respondent no.2 preferably within a period of three weeks from today.
With these observations, the petition stands disposed of. "
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 three weeks 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 :- 26.10.2021 saqlain