Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4173 of 2021 Applicant :- Manraj Opposite Party :- Sri Ram Pratap Tripathi, Tehsildar Counsel for Applicant :- Mohd Hamid
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 19.01.2021 passed in PUBLIC INTEREST LITIGATION (PIL) No. 64 of 2021 (Manraj Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 and 2 and Mr. Sunil Kumar Singh, counsel for the respondent no.3.
The petitioner has preferred the present Public Interest Litigation inter-alia with the following prayers :-
"i. issue, a writ, order or direction in the nature of mandamus commanding the Respondent Nos.2 and 3 or to any other competent authority to ensure the eviction of the respondent No.4 from the disputed land Plot No.51 area 0.0840 hectare recorded as "Chak Road" and used as public utility land situated at Gram Sabha Mohiuddinpur Bharetha, Tola Wazidpur, Tehsil : Sadar, District Prayagraj and to remove the illegal encroachment and construction so raised by the respondent No.4 over the disputed land within the period so stipulated by this Hon'ble Court in ends of justice to the public at large and to preserve the public property.
ii) issue, a writ, order or direction in the nature of mandamus commanding the Respondent No.3 to complete the proceeding which has been initiated U/S 67(1) of Land Revenue Code and ensure the eviction of encroachers."
It is argued by learned counsel for the petitioner that the proceedings under Section 67 of the U.P. Revenue Code, 2006 is pending consideration before the Tehsildar/Assistant Collector, Tehsil Sadar, District Prayagraj/respondent no.2. It is further argued that though a considerable time has lapsed but till date no decision has been taken on the same.
In view of the same, present petition is disposed of finally directing the Tehsildar/Assistant Collector, Tehsil Sadar, District Prayagraj/respondent no.2 to conclude the aforesaid proceedings most expeditiously and preferably within a period of three months from the date of receipt of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad after providing opportunity of hearing to the parties concerned.
With the aforesaid observations, present writ petition is disposed of finally."
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 :- 30.9.2021 saqlain