Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1534 of 2021 Applicant :- Puttulal And 2 Others Opposite Party :- Sri Jitendra Pratap Singh,D.M.Kanpur Dehat And Another Counsel for Applicant :- Rajesh Dwivedi
Hon'ble Prakash Padia,J.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 06.01.2021 passed in Writ C No. 25246 of 2020 (Ajay Kumar And 2 Others vs. State of U.P. and 3 Others), which for ready reference is quoted as under:-
"Heard Sri Rajesh Dwivedi, learned counsel for the petitioners and the learned Standing Counsel for the respondents.
The petitioner by means of this petition is seeking for issuance of a writ of mandamus commanding the respondent concerned to decide the representation dated 17.8.2020, as expeditiously as possible.
Learned counsel for respondents submits that no useful purpose would be served by keeping this petition pending, same be disposed of by giving appropriate directions to the authority concerned.
The writ petition is disposed of with the direction to the respondent concerned to decide the representation dated 17.8.2020 or a fresh representation, as the case may be, as expeditiously as possible, preferably within 6 weeks from today by a reasoned and speaking order under intimation to petitioners."
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 wilfully 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 four 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 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 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 :- 27.7.2021 Swati