Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4029 of 2021 Applicant :- Rajeshwar Ram Tripathi And 7 Others Opposite Party :- Matadeen Maurya, Settlement Officer Of Consolidation Counsel for Applicant :- Manoj Kumar Tiwari
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 16.1.2020 passed in Writ Petition No.106 of 2020 (Rajeshwar Ram Tripathi And Others Vs. Settlement Officer Of Consolidation & others.). The aforesaid order is quoted as under:-
"The petitioners have preferred the present writ petition with the prayer to issue a mandamus commanding the respondent No.1/Settlement Officer of Consolidation, Gorakhpur to decide the Appeal No.02 (Satish Chand Tripathi and others Vs. Prahlad and others) under Rule 109 A(3) of the Rules framed under the U.P. Consolidation of Holdings Act as early as possible within the time frame.
From perusal of the record, it appears that the aforesaid appeal preferred by the petitioners is pending consideration before the respondent No.1 from considerable long time but till date no final decision has been taken.
Ms. Sarita Shukla, learned Standing Counsel accepted notice on behalf of respondent No.1 and she has objection to the prayer made by the petitioners.
In view of the order proposed to be passed, notices need not be issue to the respondent Nos.2 to 10.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent No.1/Settlement Officer of Consolidation, Gorakhpur to consider and decide the aforesaid appeal in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of 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 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 three months 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 :- 30.9.2021 saqlain