Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4181 of 2021 Applicant :- Munni Devi Opposite Party :- Brijesh Kumar Rathaur, Chief Medical Officer Counsel for Applicant :- Madan Mohan Yaduvanshi,Sachin Kanaujiya
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 25.11.2020 passed in Writ Petition No. 10166 of 2020 (Munni Devi Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and Shri Vivek Srivastava, learned Standing counsel for the respondents.
The petitioner is before this Court with request to issue a direction in the nature of mandamus directing the respondent authorities to decide the application of petitioner dated 25.08.2020 within stipulated period.
Learned Standing Counsel fairly submits that in case the aforesaid application is still pending, the same would be decided at the earliest.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the competent authority to decide the petitioner's representation in accordance with law within a period of six weeks from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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. "
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