Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3955 of 2021 Applicant :- Manoj Kumar Opposite Party :- Sri Pankaj Kumar Srivastava, S.D.M. Azamgarh Counsel for Applicant :- Raj Kumar
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 08.01.2011 passed in Writ C No.27291 of 2020 (Manoj Kumar Vs. State of U.P. and others), which for ready reference is quoted as under:-
"Heard Sri Raj Kumar, learned counsel for the petitioner and the learned counsel for the respondents.
The relief claimed in this petition is for a direction to the respondent no. 2 (Sub Divisional Officer), Azamgarh to decide the partition suit No. 202015060403173, under Section 116 of U.P. Revenue Act as expeditiously as possible on its own merits.
This prayer is not opposed by learned standing counsel for the State.
Accordingly, this petition is disposed of with a direction to the respondent no. 2 (Sub Divisional Officer), Azamgarh to consider and decide the partition suit No. 202015060403173, under Section 116 of U.P. Revenue Act within 90 days from the date of receipt of computer generated copy of the order being passed today in PDF Form on its own merits.
It is made clear that this Court is not expressed any opinion on the merits of the case of the petitioner.
Accordingly, this 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 willfully 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 two months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
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 petitioners 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 Pramod Tripathi