Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4658 of 2021 Applicant :- Mahendra Gupta Opposite Party :- Ms Aryaka Akhoury, D.M. And Another Counsel for Applicant :- Dhiraj Singh,Mina Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 02.03.2021 passed in Public Interest Litigation (P.I.L.) No. 1267 of 2020 (Mahendra Kumar Gupta Vs. District Magistrate and others), the operative portion of the order is reproduced below:-
"7. I have noticed that large number of similar writ petitions are being filed only for enforcement of law laid down in the case of Jagpal Singh (supra) and some subsequent judgements.
8. In view of direction noticed in the aforesaid circular, I am of the considered view that if complaints regarding unauthorized occupation over the public ponds or other similar public lands are received by the District Magistrate of a District, he should take all the required actions in view of law already settled in the case of Jagpal Singh and others (supra).
9. In case, the District Magistrate finds some good reasons to seek guidance from the Members Committee indicated in Para-2 of the aforesaid circular, then he may refer the matter and seek guidance in appropriate cases.
10. So far as the present PIL is concerned, a liberty is granted to the petitioner to approach the District Magistrate concerned as well as Sub Divisional Magistrate concerned along with a copy of this order. The aforesaid respondents shall get appropriate inquiry made and take required action to protect land in question from the illegal encroachments as per law laid down by the Apex Court in Jagpal Singh and others (supra), expeditiously but after providing opportunity of hearing to the parties concerned.
11. With the aforesaid observations, the petition 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 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 parties to comply with the aforesaid order of the Court within two 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 :- 25.10.2021 Swati