Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4862 of 2021 Applicant :- Ram Avadh And Another Opposite Party :- Sri Anil Chaturvedi, S.D.M. Counsel for Applicant :- Priyavrat Tripathi
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 07.07.2021 passed in Public Interest Litigation No.975 of 2021 (Ram Avadh And Another Vs. State of U.P. & others). The aforesaid order is quoted as under:-
"Heard learned counsel for the parties.
By means of present writ petition, the petitioners have prayed for following relief:
"i. Issue, a writ, order, rule or direction in the nature of mandamus, commanding the respondent authorities to remove the illegal encroachment in gata no. 324-Kha, area 0.2100, gata no. 358, area 0.0200 hectare, gata no. 363 area 0.0700 hectare, gata no. 361, area 0.0500 hectare and gata no. 419, area 0.0330 hectare, situated at village Devariya, Pargana and Tehsil- Soraon, District Prayagraj.
ii. Issue, a writ, order or direction in the nature of mandamus, directing the respondent no. 3 to decide the representation dated 01.06.2021 and disposed of the same within a time bound period as maybe fixed by this Hon'ble Court in the interest of justice. "
From the perusal of record, it transpires that for redressal of his grievance, the petitioner has approached the Sub Divisional Magistrate , Tehsil- Soraon, District Prayagraj by moving application on 17.05.2021 under Section 67 of the U.P. Revenue Code, 2006.
Learned Standing Counsel submits that the petitioner's application may be directed to be considered under Section 67 of the U.P. Revenue Code, 2006, though it is not mentioned in the application.
In view of above, the writ petition is disposed of with direction to Sub Divisional Magistrate , Tehsil- Soraon, District Prayagraj to consider the application of the petitioner under Section 67 of the U.P. Revenue Code, 2006 and conclude the same strictly in accordance with law within period prescribed for under U.P. Revenue Code, 2006. Needless to say that the order to be passed by the Sub Divisional Magistrate , Tehsil- Soraon, District Prayagraj, namely, respondent no. 4 shall be reasoned and speaking one."
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 :- 29.10.2021/saqlain