Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3072 of 2021 Applicant :- Pradeep Kumar Agarwal And Another Opposite Party :- Atul Kumar, Up Ziladhikari (Nyayik) Counsel for Applicant :- Sanjay Kumar Mishra
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 13.01.2021 passed in Writ Petition No. - 502 of 2020 (Pradeep Kumar Agarwal And Another Vs. State of U.P. and others). The aforesaid order is quoted below:-
"The sole grievance of the petitioner is that the case being Case No. 3/2012-2013 (Computer Case No. 20113063700222) filed under Section 122D of the U.P. Z.A. & L.R. Act was not being decided and, therefore, a prayer for a direction has been made that the case be decided expeditiously within a stipulated period of time.
Under such circumstances, without going into the merits of the case, it is being directed that the Case No. 3/2012-2013 (Computer Case No. 20113063700222) (Pradeep Kumar and another vs. Nagar Palika and Others) be decided within a period of three months from the date of presentation of a copy of this order. The copy of this order would be duly certified by the petitioners' counsel.
With these 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 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