Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 871 of 2021 Applicant :- Rampreet Opposite Party :- Dr Ujjawal Kumar, D.M.
Counsel for Applicant :- Navneet Lal Srivastava,Shravan Kumar Srivastava Counsel for Opposite Party :- S.C.
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 judgement and order dated 12.10.2020 passed in Writ C No.16010 of 2020, which for ready reference is quoted as under:-
"Heard counsel for the parties.
The grievance of the petitioner in the present writ petition is regarding non- compliance of the order dated 2.1.2013 passed by the Tehsildar, Tehsil- Nautanva, District Maharajganj in proceedings registered under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act- 1950 against respondent no.4.
The petitioner has filed a representation dated 12.6.2020 before the Collector, Maharajganj to ensure compliance of the order of the Tehsildar.
It would serve no useful purpose to keep the writ petition pending and the writ petition is disposed of with the direction to the Collector/District Magistrate-Maharajganj to decide the representation dated 12.6.2020 filed by the petitioner within a period of three months from the date a copy of this order is served on him and to ensure that appropriate action, in accordance with law, is taken depending on the decision taken by him on the representation of the petitioner.
With the above directions, the writ petition is disposed of. "
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 wilfully 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 petitioners 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 :- 19.8.2021 Pramod Tripathi