Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4652 of 2021 Applicant :- Kaushilya Devi Opposite Party :- Ajeet Kumar Singh,Tehsildar Counsel for Applicant :- Harindra Prasad,Jagdish Singh Maurya
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 26.11.2019 passed in Writ C No. 36370 of 2019 (Kaushilya Devi Vs. State of U.P. and 3 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State By means of this writ petition, the petitioner has prayed for a direction upon the respondent no. 3 to decide the Case No. 76/542 of 2006, under Section 34 of Land Revenue Act, Kaushilya Devi Vs Narayan Dutta, Mauza Gamarhara, Pargana Sikandra, Tehsil Phoolpur, District Allahabad pending before Naib Tehsildar (Uttar), Tehsil Phoolpur, District Allahabad, within a reasonable time as may be fixed by this Court.
Submission of learned counsel for the petitioner is that the petitioner sought mutation of his name over the property purchased by him on the basis of registered sale deed and in this regard moved an application before respondents for mutation, which is stated to be pending consideration. He therefore submits that the said mutation application may be decided expeditiously.
Perused the record and the order sheet of the court below.
Considering the facts and circumstances of the case and submissions made, the writ petition is disposed off directing the respondent no. 3 to consider and decide the above mentioned mutation application, expeditiously, in accordance with law, within a period of three months from the date of presentation of a certified copy of this order, if there is no other legal impediment.
It is made clear that this Court has not expressed any opinion on merits of the case and it is for the concerned authorities to decide the same in accordance with law. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
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 party 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 along-with 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 Swati