Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4472 of 2021 Applicant :- Prashant Kuamr Kahre Opposite Party :- Sri Shyam Saroj Verma, District Inspector Of Schools And 2 Others Counsel for Applicant :- Arvind Kumar
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 13.01.2021 passed in Writ Petition No. 15041 of 2020 (Prashant Kuamr Kahre Vs. State of U.P. & others). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Learned Standing Counsel representing the third respondent states that subject to verification of all facts and contentions on merits being kept open, the prayer of the petitioner as addressed in this petition shall be duly evaluated and a final decision communicated with expedition and preferably within a period of six months from the date of presentation of a duly authenticated copy of this order. He further states that the third respondent shall proceed in the matter with due notice to respondent Nos. 4 and 5.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this petition shall stand disposed of in 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 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 two months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
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 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 :- 28.10.2021 saqlain