Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3104 of 2021 Applicant :- Munendra Pal Singh Opposite Party :- Shailendra Kumar Singh, D.M.
Counsel for Applicant :- Randhir Singh
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 03.03.2020 passed in Writ Petition No. - 7709 of 2020 (Munendra Pal Singh Vs. State of U.P. and another). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
By means of this writ petition the petitioner has sought for a direction upon respondent no. 2 to decide his application for grant of firearm license within the time as may be prescribed by this Court.
The contention of learned counsel for the petitioner is that father of the petitioner, who was holder of an arm licence, died in the year 2008 and thereafter the petitioner had applied for arm license in his favour on 06.06.2019, being Application No. 37 of 2019, and since then the matter is pending before the licensing authority.
Learned Standing Counsel appearing for respondent no. 2 states that subject to verification of all facts, the application as made by the petitioner for grant of an firearm licence shall be duly evaluated and disposed of by the licensing authority in accordance with law and preferably within a period of four months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition is disposed of in the light of the statement noted above."
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 two months from the date of production of a 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 :- 12.8.2021 saqlain