Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4290 of 2021 Applicant :- Rakesh Srivastava And 2 Others Opposite Party :- Shri Raj Kishore Prasad The Executive Officer Counsel for Applicant :- Shibli Naseem
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 21.05.2019 passed in Writ Petition No. 17304 of 2019 ( Rakesh Srivastava And 2 Others Vs. Nagar Palika Parishad & others.). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioners and Sri Ayush Khanna, learned counsel for Nagar Palika Parishad.
The petitioners are seeking recording of their names in respect of House No. 57 (wrongly typed as 57-A in the writ petition), new No. 27 situate in Chachakpur, Tehsil Sadar, District Jaunpur.
The petitioners allege that the aforesaid house had come to be recorded wrongly in the name of one Kanhaiya Lal. Against the said order, directing for recording his name, predecessor in interest of the petitioners Smt. Subhash Devi filed an appeal before the Chief Judicial Magistrate and the same was allowed vide judgment and order dated 26.08.2008 holding that the name of Kanhaiya Lal was wrongly entered and as such the order directing for recording his name dated 14.08.2001 is set aside.
The petitioners claim that they are the successors of Subhash Devi who is now dead. In this regard, they are placing reliance upon the succession certificate dated 28.02.2019.
The submission of learned counsel for the petitioners is that in pursuance to the judgment and order of the C.J.M. aforesaid, the name of Smt. Subhash Devi is to be recorded against the said house and thereafter as the successors they are entitled to be recorded.
From the pleadings as made in the petition, we do not find that petitioners have made any application in any manner much less in the prescribed form to the Executive Officer, Nagar Palika Parishad, Jaunpur for the mutation of their names or that of Smt. Subhash Devi.
In view of the aforesaid facts and circumstances, we are of the opinion that the petitioners have to first approach the Executive Officer, Nagar Palika Parishad, Jaunpur.
Accordingly, we dispose of the writ petition with liberty to the petitioners to make an application in this regard for mutation to the second respondent and in case any such application is filed, the Executive Officer, Nagar Palika Parishad shall consider it in accordance with law, in the light of the aforesaid facts and circumstances, and pass a speaking order, most expeditiously.
The petition stands disposed off."
It is stated in paragraph 11 of the affidavit that in term of the order of this Court, the opposite party do not pass the order and 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 two 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.
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