Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4549 of 2021 Applicant :- Mohammad Hasnain @ Hasnain Opposite Party :- Sri Anuj Singh D.M. Hapur Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 05.03.2020 passed in Writ C No. 8330 of 2020 (Mohd. Hasnain and others Vs. Union of India and others), which for ready reference is quoted as under:-
"Learned counsel for the petitioners is permitted to correct the description of the respondent no. 3.
Heard learned counsel for the petitioners, Sri Manoj Kumar Singh, learned counsel for the respondent no. 2, learned Standing Counsel for the respondent no. 4 and Sri Devendera Kumar, learned counsel appearing for the respondent nos. 2 and 3.
The grievance of the petitioners appears to be that the respondents have taken possession of the land of the petitioners without acquiring it and without paying any compensation to them.
The petitioners in this connection has represented to the respondent no. 4, District Magistrate, Hapur vide application dated 14.11.2019, a copy of which has been filed as Annexure No. 4 to the writ petition.
The Government Order dated 12.05.2016 provides that where complaints are received with regard to such unauthorized possession of the land, the Committee headed by Additional District Magistrate (Finance and Revenue) would consider the matter and submit its report within two months to the District Magistrate, whereupon, he will take an appropriate decision in accordance with law.
In view of the Government Order dated 12.05.2016, we direct the respondent no. 4, District Magistrate, Hapur to place the above application of the petitioners for proper inquiry before the aforesaid District Level Committee and on receipt of the report from it to pass an appropriate order in accordance with law, expeditiously. The above exercise would be completed by the respondent no. 4 within a period of four months from the date of production of authentic copy of this order.
In case, the petitioners are found entitled to any compensation, the same shall be paid to them within a period of two months from the date on which the respondent no. 4 takes decision on the petitioners' representation.
With the aforesaid observations, the writ petition is disposed of. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has 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 party to comply with the aforesaid order of the Court within four weeks 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 party 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