Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4464 of 2021 Applicant :- Ramashray Yadav Opposite Party :- Shri Dushyant Kumar Maurya, Sub Divisional Officer Counsel for Applicant :- Vidya Dhar 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 Public Interest Litigation No.623 of 2020 (Ramashray Yadav Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Sri Vidya Dhar Yadav, learned counsel for petitioner and learned Standing Counsel appearing for State-respondents.
This petition has been filed for a direction in the nature of mandamus directing respondent nos.2, 3 and 4 to initiate civil as well as criminal proceedings against respondent no. 5 being Gram Pradhan of Gram Sabha Bharkhara, Pargana Kharid, Teshil Bansdeeh, District Ballia who had made illegal encroachment over Plot No. 282 and 346Ga by constructing Pakka House in Plot No. 347 had installed tubewell and in Plot No. 305 has sown wheat crop which is standing situate in village Bhakhara Pargana Kharid, Tehsil Bansdeeh, District Ballia and to take action for ejectment from the above mentioned plots. A prayer has also been made for a direction to respondent no. 3 to take action against the respondent no.5 under Section 67 of U.P. Revenue Code, 2006 treating the application dated 18.9.2019 filed under Section 67 of U.P. Revenue Code, 2006.
In view of aforesaid, the petition is disposed of with a direction to respondent no.3, Sub Divisional Officer, Tehsil-Bansdeeh, District Ballia to consider and decide the representation/application dated 18.9.2019 filed by petitioner under Section 67 of U.P. Revenue Code, 2006 in accordance with law after hearing all the parties expeditiously within a period of 90 days from the date of production of a certified copy of this order. "
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 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.
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 :- 25.10.2021 saqlain