Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3181 of 2021 Applicant :- Radhey Shyam Patel Opposite Party :- Sri Ajay Narain Singh, Prescribed Authority, Under Public Premises Act/Sdm Counsel for Applicant :- Ajay Kumar Patel,Atiqur Rahman Siddiqui
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 13.01.2016 passed in Writ Petition No. 1135 of 2016 (Radhey Shyam Patel Vs. Sub Divisional Magistrate & another). The aforesaid order is quoted as under:-
"Learned counsel for the petitioner is permitted to correct the description of respondent no. 1 during the course of the day.
Heard Sri Ajay Kumar Patel, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
In substance, the petitioner appears to be aggrieved by non-disposal of case no. 4 of 2011 (State Vs. Ram Kishor and Others) pending before respondent no. 1 against the petitioner and 15 other persons.
It is stated that notice under section 4 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (in short, 'the Act') has been issued against the petitioner and 15 other persons. The petitioner filed reply in the year 2011, but no final decision has been taken as yet; hence this writ petition.
Having heard learned counsel for the parties, this writ petition is disposed of with the direction to respondent no. 1 to decide case no. 4 of 2011 (State Vs. Ram Kishor and Others) expeditiously in accordance with law keeping in mind the urgency of the matter and other pending cases of such nature of the previous years in his court, without granting any unnecessary adjournments to the learned counsel for the parties."
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 and considering the facts and circumstances of the case, this contempt application is disposed directing the opposite party to comply with the order of the Writ Court in its letter and spirit at the earliest and without any further delay.
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.
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 :- 25.10.2021 saqlain