Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2710 of 2021 Applicant :- Krishna Bihari Opposite Party :- Dr Vishal Varma Tehsildar Counsel for Applicant :- Vijay Kant Dwivedi
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 06.02.2020 passed in Public Interest Litigation (PIL) No. 214 of 2020 (Krishna Bihari Vs. State of U.P. and 5 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Azad Rai, learned Advocate, who has accepted notice for the respondent- Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondents authorities to remove the encroachment made by respondent no. 6 over Gata No. 794, area 0.0160 hectare, situated in Village Handia, Tehsil Meja, District Prayagraj, which is recorded as chakroad.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Since a statutory remedy is available under Section 26 of the U.P. Revenue Code, 2006, the Court is not inclined to entertain the petition. The petitioner, in case so advised, may invoke the remedy of Section 26 of the U.P. Revenue Code, 2006 and if the petitioner so approaches, the competent authority shall proceed in the matter and take it to its logical end in accordance with law expeditiously, preferably within a period of four months from the date of making such an application before the authority concerned along with a certified copy of this order.
With the aforesaid observations and directions, this petition stands disposed of. There shall be no order as to costs."
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 wilfully 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 months 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 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 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 :- 28.7.2021 Swati