Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4134 of 2021 Applicant :- Rahul Kumar Yadav Opposite Party :- Amit Shekhar, Assistant Collector / Tehsildar Counsel for Applicant :- Chandra Bhushan Yadav
Hon'ble Prakash Padia,J.
Counsel for the applicant is permitted to implead Sri Virat Pandey, Assistant Collector / Tehsildar as opposite Party No.2. The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 18.01.2021 passed in PUBLIC INTEREST LITIGATION (PIL) No. 1979 of 2020 (Rahul Kumar Yadav Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard Sri Pradeep Singh Sengar, learned counsel for petitioner, Sri Sunil Kumar Singh, learned counsel for Goan Sabha and learned Standing counsel for State- respondents.
The petitioner, invoking the jurisdiction of the Court in public interest, seeks the removal of an alleged encroachment over Arazi No. 40 area 0.3100 hectare (recorded as Charagah), Arazi No. 43 area 0.250 hectare (recorded as Khad Gaddha) situated at village Jamal Chak, Tehsil Mohammadabad, District Ghazipur.
Since a statutory remedy is available under Section 67 of U.P. Revenue Code, 2006, the Court is not inclined to entertain the petition. It is clarified that the Court has not expressed any opinion on the merits of the grievance. However, since a statutory remedy is available, the petitioner is permitted to file a comprehensive representation to the concerned Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 67 of the Code, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, and expeditious decision shall be taken thereon.
It is, however, clarified that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties.
With these observation, the petition is disposed of. There shall be no order as to costs. "
The aforesaid order is corrected as follows:-
"Re: Civil Misc. Correction Application No. 2 of 2021 This an application for correction in the order dated 18.1.2021. Heard counsel for the petitioner.
Cause shown is sufficient.
The following sentence is added in the third line of second paragraph of the order dated 18.1.2021:-
"and Arazi No. 42 area 0.250 hectare"
This order shall form part of the order dated 18.1.2021 With the above correction, the application stands allowed."
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 three months from the date of production of a certified 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 :- 25.10.2021 saqlain