The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 07.01.2021 passed in Civil Misc. Writ Petition No. 26170 of 2020 (Lokesh Sharma Vs. State of U.P. and 3 Others). The aforesaid order is quoted below:-
"1. On oral submission, learned counsel for the petitioner is permitted to implead Tehsildar, Tehsil-Mawana, District-Meerut, as respondent no.5 in the array of parties, during the course of the day.
2. Solitary grievance of the petitioner appears to be that his application referable under Section 25/26 of the U.P. Revenue Code, 2006 for removal of certain encroachment on a public road, has remained pending before respondent no.3.
3. In view of the fact that at present, no application has been made to the Tehsildar, Tehsil-Mawana, District-Meerut, without entering into the merits of the case, present writ petition is disposed of with a direction that in case, the petitioner files a proper application in the manner prescribed before respondent no.5-Tehsildar, Tehsil-Mawana, District-Meerut, within a period of two weeks from today, the said application may be heard and decided by respondent no.5, as expeditiously as possible, strictly in accordance with law, preferably within a period of six months from the date of such application being filed before it."
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 two 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