Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2646 of 2021 Applicant :- Rajesh Kumar Bhandula And 2 Others Opposite Party :- Shri Sushil Kumar Verma,Judge,Small Causes Court Counsel for Applicant :- Rupendra Kumar Mishra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicants and perused the record.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 the applicant has complained of non compliance of the order of this Court dated 22nd July, 2020 passed in Matters under Article 227 No.- 2379 of 2020 (Rajesh Kumar Bhandula and others vs. Sri Radha Krishna Ji Viraj, whereby direction was issued to the trial court to decide the case of the applicant- petitioner.
It is a widely known fact that in the recent past the entire State of U.P. got badly hit by the surge of second waive of Covid-19 pandemic resulting in the suspension of public movement and lock-down adversely affecting both judicial and administrative work in the State.
In view of the above, it is quite possible that the order of this Court issued on 22nd July, 2020 does not stand complied with but this does not mean that it is a deliberate and wilful attempt on the part of the Presiding Officer to delay the proceedings.
In the matters of contempt application, there is personal liability of committing disobedience to the orders of the Court. Judicial officers of the civil courts cannot be held personally liable if any proceedings are delayed because the presiding officer may be overburdened with work of varied nature and it is quite possible that proceedings get delayed and sometimes proceedings get delayed even due to the strike of lawyers.
In such above view of the matter, I do not find it a fit case to issue notice of contempt to the Presiding Officer.
However, the end of justice would be served in case if a fresh direction is issued to the the court concerned to decide the pending case of the applicant- petitioner.
Accordingly, this contempt application is disposed of with a direction to the court concerned to decide the pending case of the applicant as expeditiously as possible preferably within a period of three months from the date of production of copy of this order provided, of course, there is no third waive of Covid- 19 pandemic resulting in the suspension of public movement and lock-down adversely affecting both judicial and administrative work in the State.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.7.2021 Atmesh