Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4579 of 2021 Applicant :- Smt. Moharti Opposite Party :- Ratnesh Tiwari, Tahsildar And Another Counsel for Applicant :- Umang Srivastava
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 04.01.2021 passed in Writ C No. 23976 of 2020 (Moharti Vs. State of U.P. and 7 Others), which for ready reference is quoted as under:-
"1. Heard Sri Sanjay Kumar Pandey, learned counsel for the petitioner.
2. This petition has been filed seeking direction to command the respondent nos 3 and 4 to decide the application dated 25.10.2016 under section 30 (2) of the Revenue Code within stipulated time.
3. This petition can be disposed of with a direction to respondent nos. 3 and 4 to decide pending application of the petitioner within 90 days from the date of receipt of computer generated copy of this order in PDF form being passed today. This Court has not expressed any opinion on the merits of the case.
4. In above terms, 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, 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 45 days 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