Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2759 of 2021 Applicant :- Raj Kumar Pandey And Another Opposite Party :- Sri Sanjeev Kumar The Chaiman And Managing Director Counsel for Applicant :- Yashpal Yadav,Lalji Yadav
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 16.06.2020 passed in Writ Petition No.9525 of 2020 (Raj Kumar Pandey and another Vs. Union of India & others.). The aforesaid order is quoted as under:-
"Heard Sri V. K. Singh, Senior Advocate assisted by Sri Yashpal Yadav, learned counsel for the petitioners, Sri Anupam Kumar, learned counsel for the respondent no. 1 and Sri V. K. Dixit for the respondent nos. 2 to 12.
This writ petition has been filed by the petitioners with the following prayer :
"(i) Issue a writ, order or direction in the nature of certiorari, call for record and quash the rejection notes dated 31.3.2020 for CMR Rice at lot nos. 62, 63 and 64 of the petitioners-M/s Panna Devi Rice Mill (Annexure-4).
(ii) issue a writ, order or direction in the nature of mandamus and direct the respondents to otherwise consider and allow the appeal of the petitioners M/s Panna Devi Rice Mill dated 2.4.2020 and deal with CMR rice at lot nos. 62, 63 and 64 in its favour in terms of circular dated 28.10.2015.
(iii) Issue a writ, order or direction in the nature of mandamus and direct the respondents to allow the petitioners M/s Panna Devi Rice Mill to deliver 2900 Metric Ton of CMR Rice at CWC, Naini, Prayagraj during pendency of its appeal dated 2.4.2020.
(iv) Issue a writ, order or direction in the nature of mandamus and direct the respondents to pay compensation for hassle, statement and damages caused to business goodwill or otherwise undue interference in breach of contract dated 5.11.2019 or otherwise in delivery and acceptance of 2900 metric ton of CMR rice lying at petitioners' mill premises and lot nos. 62, 63 and 64 at CWC, Naini in favour of petitioners w.e.f. 30.3.2020 until their final disposal.
(v) Issue any other writ, order or direction which this Hon'ble Court may deem just and expedient in the interest of justice.
(vi) Award the cost of the petition in favour of the petitioners."
The grievance of the petitioners appears to be that although they have filed an appeal against the order dated 31.3.2020 before the respondent no. 4 on 02.04.2020 for CMR Rice at lot nos. 62, 63 and 64 of the petitioners-M/s Panna Devi Rice Mill (Annexure-4) but the said appeal has not been decided till date.
The only limited prayer which has been made by the learned counsel for the petitioners is that a direction be issued to the respondent no. 2 to decide the petitioners' appeal within a specified period.
Sri V. K. Dixit, learned counsel for the respondent nos. 2 to 12 has made his submission that the petitioners' grievance in so far as pertain to lot nos. 62, 63 and 64 has already been ventilated as the supply has been resumed. However, he has not been able to produce any material indicating that the petitioners' grievance has been ventilated.
Learned counsel for the petitioners has also expressed his ignorance about the statement made by Sri V. K. Dixit, learned counsel for the respondent nos. 2 to 12.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with the direction to the respondent no. 2 to decide the appeal dated 02.04.2020 pending before him strictly in accordance with law as expeditiously as possible preferably within a period of two months from the date of filing of certified copy of this order before him."
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 one month 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 :- 30.7.2021 saqlain