Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4820 of 2021 Applicant :- Pramod Kumar Maurya Opposite Party :- Mohammad Arshad Counsel for Applicant :- Om Narayan Dwivedi,Shailendra Kumar Maurya
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 31.05.2019 passed in Writ C No. 19680 of 2019 (Pramod Kumar Maurya Vs. State of U.P. and 2 others), which for ready reference is quoted as under:-
"Heard Sri Om Narayan Dwivedi, learned counsel for the petitioner, learned Standing Counsel and Sri Mahboob Ahmad for the respondents.
The petitioner is having a tubewell connection and for the purposes of running the same, a transformer has to be installed.
The aforesaid transformer was not being installed despite the petitioner having completed all necessary formalities and having deposited the requisite amount.
The petitioner thus approached the Vidyut Upbhokta Vyatha Nivaran Forum, Allahabad wherein an order has been passed on 02.09.2016 directing the respondents to complete the formalities for the installation of the electric lines/transformers within 3 months but even then the transformer has not been installed.
Since the petitioner is already having a direction from one forum redressing his grievance, it is not necessary for this Court to issue a repeated direction for the same purpose.
However, under the facts and circumstances, we dispose off the writ petition with liberty to the petitioner to make an application in this regard to the Executive Engineer (respondent No.3) and in case any such application is filed within a period of 2 weeks from today, the respondent No.3 shall consider and pass an appropriate order in accordance with law most expeditiously, if possible, within 1 month and to redress the grievance of the petitioner, if necessary, within 2 weeks thereafter.
The petition stands disposed off. "
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 six 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 :- 28.10.2021 Swati