Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4001 of 2021 Applicant :- Mahaveer Opposite Party :- Ajay Mishra, Sub-Divisional Magistrate Counsel for Applicant :- Anil Kumar,Shiv Poojan
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 25.01.2021 passed in Writ C No. - 1722 of 2021 (Mahaveer Vs. State of U.P. and others). The aforesaid order is quoted below:-
"At the very outset, learned counsel for the petitioner prays that he may be permitted to implead gaon sabha concerned in the array of parties.
Prayer aforesaid is allowed. He may do so during the course of day and shall serve a copy of this petition on Sri Bhupendra Kumar Tripathi, learned counsel for gaon sabha within two days.
Present petition has been filed with a prayer to direct the respondent no. 2 to take appropriate decision upon the application of the petitioner dated 29.7.2020 within stipulated period.
Submission is that pursuant to the order dated 13.3.2020 the petitioner was granted time to submit his reply and the matter was remanded to the respondent no. 2 by granting an opportunity of hearing to the petitioner. It is submitted that the petitioner has already submitted his reply, however, till date final decision has not been taken by the authority concerned.
In the opinion of the court, no fruitful purpose would be served by calling for a counter affidavit and keeping this petition pending.
Accordingly, present petition stands disposed of by providing that in case reply of the petitioner has already not been considered and no final orders have yet been passed, the same shall be considered and decided by the respondent no. 2 within six weeks from the date of production of self-verified copy of this order.
Petitioner is permitted to serve a copy of his reply afresh before the authority concerned along with self-verified copy of this order.
It is made clear that this Court has not considered the merits of the claim of the petitioner.
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 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 six weeks from the date of production of a certified 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 :- 23.9.2021 saqlain