The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 03.02.2020 passed in Public Interest Litigation (PIL) No. 2399 of 2019 (Lal Pratap Yadav Vs. State of U.P. and 4 Others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This Public Interest Litigation has been filed by the petitioner with the prayer to direct the respondent nos.2 and 3 to initiate the proceedings against the respondent no.5 for illegal encroachment over plot no. 2874, area 82 decimal which has been recorded as Banjar in the Revenue Record situated at village Karo, Pargana Barsathi, Tehsil Madiyahun, District Jaunpur.
This Court vide order dated 16.12.2019 directed the learned Standing Counsel to seeks instructions in the matter.
When the case is taken up today, learned Standing Counsel produced the copy of the instructions signed by the Upzila Adhikari, Madiyahun, District Jaunpur in which it is stated that the proceedings under Section 67(1) of the U.P. Revenue Code, 2006 has already been initiated against the encroachers.
Without expressing any opinion on the merit of the case, the present public interest litigation is disposed of with the direction to the authorities concerned to expedite the proceedings, pending under Section 67(1) of the U.P. Revenue Code, 2006, within a period of four months from the date of production of certified copy of this order.
With the aforesaid observation, the Public Interest Litigation is 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 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, 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 three months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
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 :- 18.8.2021 Swati